A possibilidade de responsabilidade civil em razão do abandono afetivo inverso

Abstract

The present study analyzes civil liability in relation to the possibility of reparation for moral damage about reverse affective abandonment, the one that occurs when a descendant affectionately leaves his or her ancestor. The study was developed from an exploratory, descriptive, qualitative research and elaborated after bibliographic research. Initially, the current context in which Brazilian society and family is approached: the large and continuous growth in people's life expectancy implies an increase in the number of elderly people in the population. There is a direct relationship with the increase in cases of affective abandonment, especially with the epidemiological scenario that the world is facing due to the coronavirus, which reveals prominence, relevance and thematic relevance in the legal ambit. Consequently, it includes legislative changes, especially in the sphere of Family Law and which support the elderly, analysis of the application of articles of the Federal Constitution, such as Article 229 and the rights of the elderly, such as those contained in the Elderly Statute, some principles that are achieved and what is meant by affective abandonment and inverse affective abandonment. Subsequently, it is exposed about the role of civil liability in the scope of Family Law, its multifunctionalities, presuppositions for applicability and the possibility of indemnity for moral damages due to the reverse affective abandonment. Also seen are some bills that aim to expand support for the elderly in this sense, understandings of jurisprudence regarding the theme and applicability of the analogy of affective abandonment. Finally, despite the thematic complexity of involving family relationships and affectivity and not being a peaceful theme in doctrine or jurisprudence, this study concludes that the reverse affective abandonment may give rise to reparation for moral damage depending on the specific case.