MANGUEIRA, W. G. A.; http://lattes.cnpq.br/4404314888438771; MANGUEIRA, Waldjanne Gomes de Andrade.
Resumen:
This work has as main scope the study about the possibility of accountability of the
child as a result of emotional abandonment and equipment for elderly parents with
major affective abandon the approach in family relationships , based on law, doctrine
and prevailing jurisprudence , using of the hypothetic -deductive and the historical
method, where the technique of the literature search will be , since there will be the use
of laws , jurisprudence, doctrines , scientific papers , in order to study about the
aforementioned topic. To this end, we seek to analyze the developments in the family
harvest the light of the Civil Code and the Federal Constitution, the reality of the elderly
as human beings, their needs and roles within the family, the principles of human
dignity, of affection and family solidarity, beyond the principle of full protection to the
elderly, the consequences of emotional abandonment. As this issue does not have
specific legislation in the Brazilian legal system, it is the subject of much controversy,
as it seeks to demonstrate the doctrinal and jurisprudential discussion about the topic, as
part of the doctrine supports the idea exists immaterial obligations of children with
elderly parents as support, emotional support, family life, solidarity, with a view to
designing new family that comes been built. These obligations are moral nature and
once unfulfilled generate immeasurable damages. However, the other part of the
doctrine understands the impossibility of repairing this damage by money, by treating
heterogeneous values which would make immoral demand of overcoming the pain of
abandonment through money. Therefore, it is concluded that it is necessary to examine
each particular case, considering whether or not there was an injury subject to
indemnification.