A RESPONSABILIDADE CIVIL MEDIANTE OS CASOS DE ABANDONO AFETIVO INVERSO

The present study addresses an issue of impact in Brazil, since many elderly people are in a state of abandonment by their family members. The protection of the elderly by law is essentially based on the Federal Constitution of 1988 and the Elderly Statute, created by Law no. 10,741, of October 1, 2003, whose provisions ensure protection, safety and quality of life, in compliance with the principle of human dignity. Even with the omission of the Elderly Statute regarding civil liability for the emotional abandonment of the elderly person, the Federal Constitution expressly presents the duty of children to take care of their parents, especially in what is extracted from articles 229 and 230. Thus, despite the lack of a specific rule on the subject, the study presents the possibility of civil reparation for moral damage against a child or family member who emotionally leaves the elderly.