Abandono afetivo inverso: a responsabilidade civil dos filhos pela omissão no dever de cuidado aos pais idosos

Abstract

The Federal Constitution of 1988, in its articles 229 and 230, provides about the duties of mutual care, assistance and protection required in the paternal-filial relations, and the noncompliance with this precept, constitutes the so-called affective abandonment, occasion in which civil reparation for moral damages. In this way, this work has as general objective to analyze possibilities in which the children are civilly responsible for having affectively abandoned their elderly parents, analyzing the occurrence and the probable consequences of this attitude. The monograph begins with the conceptual identification of family law, under a brief historical and constitutional principles, as well as an understanding of the importance of the application of the principles for the valuation of the human person, emphasizing the principle of affection and dignity of the human person. The second chapter presents considerations about the elderly and analysis of the concept of reverse affective abandonment, as well as about the duty of children to assist their elderly parents, emphasizing the material abandonment of the elderly and the obligation to provide food. Finally, it discusses the civil responsibility of the children as a result of the reverse affective abandonment, brief considerations about the theories and assumptions of civil responsibility, and analysis of aspects of moral damage in the family relations, with emphasis to the Law Project No. 4,294 / 08, in proceedings in the National Congress, and for the jurisprudential understanding adopted by the Courts in relation to the topic under discussion. In this sense, it concludes that, although the jurisprudence referring to the abandonment of affective inverse is still scarce, there is a tendency to accept this thesis, especially considering that there is precedent in the STJ that admits the possibility of compensation when the victim is a descendant. Thus, having the same requirements, the cases of affective abandonment practiced by children to the detriment of their elderly ancestors, may also lead to civil reparation for the damages caused.