A responsabilidade civil dos filhos em decorrência do abandono afetivo e material dos pais idosos.

Abstract

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.