A responsabilidade civil pelo abandono afetivo e material do idoso

Abstract

The monograph aimed to analyze the types of abandonment, which are affective and material abandonment of the elderly, and to verify the possibility of civil reparation by the descendants. To this end, the context of aging in Brazil was studied, analyzing doctrinal studies, as well as the study of legislation that involved the elderly population, such as the Elderly Statute, the Federal Constitution, the Criminal and Civil Code. The research covered the study of the Inter-American Convention for the Protection of the Human Rights of the Elderly and the analysis of advances in the legislation relevant to the elderly. The object of study was Bills that dealt with abandonment, such as Bill No. 6.960/2012, which aimed to seek the applicability of civil liability in family relationships, in addition to Bill No. compensation for moral damages in cases of inverse affective abandonment, that is, when the elderly person is abandoned by the family and, finally, the Bill No. This research was based mainly on the Decision given by Minister Nancy, which was a great advance in Brazilian Family Law and in studies on affective abandonment, as it was the first Decision to predict affective abandonment as an agent causing compensation for moral damages. This Court served to demonstrate that the civil liability requirements could also be applied in cases where they occur in reverse, since the elderly also need care and family life at this stage, which in themselves already leave them vulnerable. Thus, several sources of law were used to achieve the research objective of demonstrating the importance of the applicability of civil liability in cases where the elderly is a victim of abandonment. This is an explanatory research using a bibliographic review, with a deductive approach and bibliographic research.