ABANDONO AFETIVO INVERSO: RESPONSABILIDADE CIVIL DOS FILHOS QUE ABANDONAM SEUS PAIS IDOSOS

Abstract

This work has, as its main core, the analysis of inverse affective abandonment and the civil liability of children who abandon their parentes, a relatively new theme in the legal scope, since the most discussed theme is usually the emotional abandonment that occurs when parentes abandon their children. Here we will analyze the possibility of charge, civilly, the children who emotionally abandon elderly parentes, such responsibility will occur through the condemnation of these children in indemnities for moral damages, although there is no provision in an express law that configures this conduct as a fact that generates moral damages, some indoctrinators argue for accountability, because it is not the duty to love, but the duty of care provided for in the Brazilian Constitution of 1988, as well as in infra-constitutional legislations, such as the Civil Code and the Senior Citizens Statute. As is known, the Family is considered the basis of Society for the Greater Law, therefore, the children’s atitude of not taking care of their parentes in terms of needs and basic support must be a reason for accountability in the civil sphere.