The legal duty to protect the elderly and the responsibility of the descendants for affective abandonment

Abstract

The family is responsible for providing a healthy, dignified, peaceful and mainly affective aging, supported by the reciprocal duty of care and respect among family members. The elderly are people who have already contributed a lot to society, however, in order to be adequately compensated, they face many difficulties due to the lack of recognition of their value. Based on statistical data on the aging of the Brazilian population and the legal duty of the family to protect the elderly, the present article has the general objective of researching the possibility of responsibility of descendants, for the emotional abandonment of the elderly, generating indemnity for moral damage. Considering the specific objectives of this work, the following themes will be studied: aging of the Brazilian population, the concept of the elderly, the family's legal duty to protect the elderly, responsibility for affective abandonment, precedents in jurisprudence regarding affective abandonment and the bills that aim at accountability for the emotional abandonment of the elderly. The methodology used was the deductive method, with bibliographic and documentary research, based on the consultation of articles, legislation and jurisprudence.