THE APPLICABILITY OF MORAL DAMAGES IN THE CONTEXT OF REVERSE AFFECTIVE ABANDONMENT: AN ANALYSIS IN LIGHT OF THE FAMILY DUTY OF CARE

Abstract

The purpose of this study is to analyze the appropriateness of compensation for moral damages in the context of reverse emotional abandonment, in light of the duty of family care, examining the legal and doctrinal foundations that support the civil liability of children towards their elderly parents. A qualitative approach was used, with bibliographic research and document analysis. Doctrinal works, pertinent legislation – such as the Elderly Statute and the Civil Code – and recent court decisions were consulted. This strategy allowed us to understand the different interpretations and controversies on the subject, highlighting both the arguments in favor and the divergences existing in the legal literature. The research revealed that, even without specific regulation, constitutional principles, especially the principle of human dignity, support compensation for moral damages in cases of reverse emotional abandonment. It was found that the duty of family care is essential to guarantee the protection of the rights of the elderly and that compensation can act as a pedagogical and preventive mechanism, even influencing inheritance issues. It is concluded that holding children civilly liable for failure to provide care is supported and contributes to the effective strengthening of family ties and intergenerational solidarity.