Abandono afetivo de pais idosos: responsabilidade civil dos filhos.

Abstract

Certain legal norms, such as the 1988 Federal Constitution, the Elderly Statute, and the National Elderly Policy, establish the obligations of care, support, and mutual protection that should be present in the relationships between parents and children. The failure to comply with these obligations can be considered as emotional abandonment, which may lead to compensation for moral damages in the civil sphere. In light of this, the present work aims to discuss the general possibility of civil redress for the harms suffered by the elderly who are abandoned by their children. Regarding specific objectives, it is considered that it is not the "duty to love" that should be imposed but the duty to care; identify legal provisions that uphold the rights of the elderly abandoned by their children; and point out the consequences of emotional abandonment. To achieve these objectives, the methodology uses the deductive method, following bibliographical and documentary technical procedures, with an overall descriptive objective, employing a qualitative approach. The study begins by questioning how the state took on the responsibility of caring for the elderly, the historical evolution, and the emergence of the rights of this segment of the population, also delving into the concept of the term elderly and making considerations about the importance of constitutional principles, with an emphasis on Family Law. It then addresses crucial points of civil responsibility, presenting conceptualization, evolution, distinctions between subjective and objective theories, and assumptions. Finally, it defines emotional abandonment, emphasizing especially the aforementioned abandonment of children towards their elderly parents, examining elements that substantiate the application of moral damages and the obligation to provide sustenance and support, and the imposition of civil liability on those who fail to provide this support, also highlighting Bill No. 4,294/2008, which is currently under consideration. In conclusion, despite being a highly relevant topic, the existing legal systems for addressing this issue are insufficient. However, it is evident that emotional abandonment of elderly parents is gaining attention and acceptance, considering previous cases in the STJ that accepted compensation when the victim is a child. Taking this into account, when dealing with the same case, in reverse, proving this abandonment of elderly parents can also justify compensation for the damages caused.