O abandono afetivo inverso e o direito à indenização: sanção pela violação do dever de cuidar ou compensação por não amar?

Abstract

This course completion thesis has as its scope the analysis of the feasibility of the right to compensate the elderly who are abandoned by their children for moral damages, according to the Brazilian legal system this fact configures the existence of the institute of reverse affect abandonment. Therefore, this paper makes it possible to understand the juridical conception regarding the elderly of the institute of the reverse affect abandonment, as well as the protection of the elderly in the "Magma letter" and in the family law, and, lastly, the indispensable presuppositions of civil responsibility to indemnify their family. The understanding of the relevance of the care to their elderly parents, with the purpose of a better quality of life in their old age. By the means of the Federal Constitution of 1988, the Civil Code of 2002, the Statute of the Elderly and existences of jurisprudence positions, it is verified the relevance of the problematic of the subject and the means of application for such institute.