Abandono afetivo inverso: análise da possibilidade de aplicação do instituto da guarda compartilhada às pessoas idosas

Abstract

Every human being is bound to the aging process, and all the implications that it entails, thus it’s necessitating a special protection to be exercised by the State, society and the family. Brazilian legislation has improved on the rights of the elderly through the Statute of the Elderly, which it has a set of rules that protect them in various fields of action, and which has consolidated more strongly in what the Constitution already ratified. However, even though there are all those rules that imply protection and the obligation to protect, the number of elderly abandoned by relatives is increasing, and the damages caused by such action are devastating for this part of the vulnerable population. The theme "reverse affective abandonment", a term used in the cases of the elderly abandoned by the family, is of great relevance, since with the improvement in life expectancy, the growing aging of the population is also a reality in Brazil, in increasing numbers of abandonment. In addition, even if there is no abandonment for the part of all relatives, when only one of them takes the responsibility for caring of the elderly, the burden sometimes is greater than it can sustain, with implications even in health. Thus, one notices the need for an instrument to solve this problem, which assures the elderly the protection of their family, and imposes that all them care equally, so that only one does not have to carry the responsibility alone. On the basis of this, the present work had the objective of seeking in the institute of shared custody a way of resolving this situation, as the historical evolution of the rights of the elderly, from an international plane such as fundamental rights, was analyzed, up to a plan National, with the policies of protection to the elderly, through the technique of bibliographic research and through interviews. Thus, it was concluded that there is a need for an institute that guarantees the elderly care for their relatives and that this relative is not the only one to bear the burden, being an institute similar to the shared custody that could solve this questioning.