Natureza jurídica do direito – dever aos alimentos dos avós: análise sob a metodologia civil e constitucional

Abstract

Family power imposes parents the liability for the care and provision of children, securing their offspring moral and social interests. In cases that the parents are unable to provide care and support, this responsibility is granted by the Brazilian legislation to relatives. In this situation, the obligation to provide alimentary support is usually extended for the grandparents who are responsible for providing subsidiary and complementary provision. Nevertheless, elders and children, due to the age, are vulnerable and protected by the Federal Constitution and their statutes (Senior Citizens’ Statute and Child and Adolescent Statute). Thus, the grandparents’ obligation should be carefully analyzed, since one hand there is the necessity of protecting the wellbeing of children and young people and on the other hand senior’s human dignity preservation.