The possibility of indemnification for moral damages arising from reverse affective abandonment

Abstract

The present work was developed through the deductive method of bibliographical, legal and jurisprudential research, using the general analysis of data and information to reach a conclusion. The main objective is to study what reverse affective abandonment is about and the study of the elderly in the Brazilian legal system. As specific objectives, we seek to study the possibility of civil liability for emotional abandonment and its requirements, as well as moral damage and its quantification. The family is responsible for material and immaterial care for their antecedents who need greater care when they are elderly. In this sense, we can say that it is up to family members to provide care for these most vulnerable people. Considering this family responsibility, as well as considering that civil liability is possible when damage occurs in the breach of the duty of care, it is understood by the possibility of applying compensation for moral damages as a result of inverse affective abandonment.