Responsabilização civil e criminal dos filhos pelo abandono dos pais idosos

Abstract

Investigates the civil and criminal liability of descendant for neglecting elderly parents. The aim of this study is to present the rights of the elderly in Brazil, which the protection against any type of violence is expressly constitutional and infra-constitutional with primary focus on the material and emotional negligence. To achieve its goal it was presented the concept of family, the evolution of the family law and the inclusion of the elderly in this context, based on the study of the principles related to the topic, especially those of human dignity, family solidarity and social and affection. After this, it was established the concept of elderly and it was showed the most common violence suffered by the elderly emphasizing the violence caused by the abandonment. The third chapter analysed the specific legislation starting with the Federal Constitution and through the National Policy for the Elderly (Law nº 8.842/94), the 2002 Civil Code and the Elderly (Law nº 10.741/2003). The last chapter showed a short summary of civil and criminal liability, concept and assumptions, and then deepens in jurisprudence which cares about the subject. The study demonstrates what a very controversial issue this is, whether in the literature or jurisprudence as the relative compensation in cases of material and emotional negligence with an analysis to conclude on the existence of damage to be compensable.