REVERSE AFFECTIVE ABANDONMENT: CIVIL RESPONSIBILITY OF CHILDREN TOWARDS THEIR ELDERLY PARENTS

Abstract

The objective of this article is to analyze the issue of reverse emotional abandonment, a situation in which elderly people face conflicts arising from family life. It is essential to conduct an in-depth investigation to ensure comprehensive protection and establish adequate legal support for elderly people exposed to these conflicts. In this context, the article explores the possibility of holding children legally responsible, imposing compensation for moral damages suffered by the elderly. The study is based on bibliographical, doctrinal and jurisprudential research, employing a qualitative approach and the deductive method, with an emphasis on doctrinal sources. Initially, the article addresses the concept of family from a historical and constitutional perspective, highlighting the principles of affection and human dignity, with a specific focus on the relationship with the elderly. Subsequently, the article explores civil liability itself, focusing on situations of reverse emotional abandonmentand the moral damages resulting from this phenomenon. In conclusion, the need to impose stricter sanctions on offspring who neglect essential care and support to guarantee the quality of life of the elderly in their old age stands out. It is recognized that jurisprudence on the subject is still incipient, but there is a growing tendency to support this issue.