A possibilidade de indenização por abandono afetivo inverso entre filhos e pais idosos

• Autor(a) principal: Rodrigues, Beatriz Coelho Roussenq
• Data de Publicação: 2017
• 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/5657
• topic: Afeto; Dano moral; Reparação

The present monographic work is a prerequisite for the conclusion of the Law course and, consequently, the Bachelor's Degree (a) of the University of Southern Santa Catarina - UNISUL, with the objective of: Analyzing the possibility of indemnification in the face of the abandonment of affective inverse between parents and sons. METHOD: We used the method of deductive and qualitative character of bibliographic description; the approach is qualitative in nature; in relation to the collection of data, the bibliographic and documentary procedure was used; as far as depth is concerned, the research is exploratory, providing a greater familiarity with the object of the present work. RESULTS: These rights are guaranteed by the Federal Constitution, being considered: imprescriptible, inalienable, unsusceptible of any restriction. The protection measures for the elderly have a social purpose, that is, they aim at preserving family ties and the consequent insertion of the elderly in society, preventing any threat or violation of their fundamental rights. The Federal Constitution provides that the family, society and the State have the duty to support the elderly, and the State has a duty to ensure the strengthening of family ties and the family must ensure social interaction. The affection became protected by the State, not necessarily the demonstration of love or affection, but rather, being configured in the fulfillment of the duty of care and assistance to family members. Emotional abandonment occurs when one or both parents cease giving affection to their child or, conversely, when the child does not fulfill his or her obligations towards parents, especially when it comes to elderly parents. CONCLUSION: In doctrine and jurisprudence, there are favorable understandings that recognize the possibility of compensation for affective abandonment, as a way of repairing the damage, and the amount to be paid will be determined by the magistrate in the concrete case; others, contraries, not recognizing, on the grounds that they can not force a person to give affection; some considering that not every case can be solved through indemnity, since affection does not constitute an economic value.