Análise das decisões do Tribunal de Justiça do estado de Santa Catarina sobre a obrigação alimentar dos filhos em relação aos seus pais idosos

• Autor(a) principal: Santinoni, Luiza Rodiceia de Oliveira
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6166
• topic: Alimentos.; Idoso.; Direito de Família.

OBJECTIVE: Analyze the decisions of the Court of Justice of the State of Santa Catarina on the maintenance obligation of children in relation to elderly parents, between January 2018 and August 2019. METHOD: This is a research exploratory in nature, with a qualitative approach, and with the collection of documental and bibliographic data. For this, an analysis of nine jurisprudential decisions was used, which deal with the maintenance obligation of older children before elderly parents. RESULTS: Constitutional principles are fundamental to Family Law and guide aspects of family relationships. Fundamental rights and measures to protect the elderly are guaranteed by an infraconstitutional law, the Elderly Statute. The rights of the elderly in financial difficulties are observed by the Brazilian legal system, taking into account the need-possibility, according to the Law. When necessary, there is a duty to support, which is reciprocal between parents and children, that is, there is food obligation, in this way, the order of food. CONCLUSION: According to the analysis of the decisions made by the Santa Catarina State Court of Justice, the majority believe that children should pay maintenance to elderly parents, provided that this contribution is proven necessary, so that parents in financial difficulties , sick, abandoned and needing the support of their children can survive with dignity in their old age.