Abandono afetivo inverso: o dever de cuidado em relação à pessoa idosa

Abstract

The present work aims to undertake an analysis of inverse affective abandonment - regarding paternal-filial relations, in the perspective of the duty of care that children have in relation to elderly parents and the right to coexistence. At the beginning, statistical data about the demographic growth of the elderly in Brazil, negative consequences of not coping with situations of abandonment and possibilities of accountability of certain subjects are shown. In order to do so, we seek to present the principological basis that gave rise to the rights won by the elderly, highlighting the "affectivity", the "family solidarity" and the "best interest of the elderly". A comparative reflection is made between the vulnerability of the elderly and the vulnerability of children and adolescents, seeking to understand what would be the fair and appropriate solutions for the hypotheses of abandonment of the over sixty years and to demonstrate the importance of applications of preventive measures of damages in view of the limits of civil liability in the performance of its function compensatory, post damage.