Civil liability in the family law scope: analysis of the affective abandonment of elderly parents by their children

• Grant number: 12/18564-5
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: November 01, 2012
• End date: October 31, 2013
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Maria Amália de Figueiredo Pereira Alvarenga
• Grantee: Ana Claudia Paes Witzel
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

This research project has as a goal studying the affective abandonment that is practiced by children against their elderly parents. Based on the principle of human dignity and the general rules of civil liability forth in Civil Code, will discuss the ability of the elderly parents to be indemnified by the affective abandonment practiced their children. Initially, will be analyzed the civil responsibility inside the families. Thereafter, using the study of constitutional provisions and legislation infra, it will discuss the protection of the elderly, especially within the family. Finally, with the fundamentals of familiar solidarity deriving from the parenthood relations, it will be specifically discussed the lack of affection towards an individual which spent their whole life for their children and have not spared efforts to ensure support, education and affection to them, and then, facing the fragilities accompanying elderly, is set to a marginalized role in their family. The incidence moral damage from affective abandonment in domestic relations is a recent and controverted issue justifying its study, especially when the abandonment victims are elderly parents. Thereby, is demonstrated the relevance of this research project. This relevance is demonstrated too by the Law Project pending Legislative, entailing accountability to children whose elderly parents are affectively abandoned, attaining to the family responsibility by the elderly. (AU)