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

Authors

  • Andreyna Kayllane Souza da Silva Uninorte
  • João Victor Rezende de Melo Uninorte
  • Rebeca Assucena Vasconcelos da Silva
  • Katia Almeida Cunha Uninorte

DOI:

https://doi.org/10.51891/rease.v11i4.18848

Keywords:

Reverse Affective Abandonment. Duty of Care. Inheritance Law.

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.

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Author Biographies

Andreyna Kayllane Souza da Silva, Uninorte

Discente, Uninorte.

João Victor Rezende de Melo, Uninorte

Discente, Uninorte.

Rebeca Assucena Vasconcelos da Silva

Discente, Uninorte.  

Katia Almeida Cunha, Uninorte

Orientador Mestre, Uninorte. 

Published

2025-04-22

How to Cite

Silva, A. K. S. da, Melo, J. V. R. de, Silva, R. A. V. da, & Cunha, K. A. (2025). THE APPLICABILITY OF MORAL DAMAGES IN THE CONTEXT OF REVERSE AFFECTIVE ABANDONMENT: AN ANALYSIS IN LIGHT OF THE FAMILY DUTY OF CARE. Revista Ibero-Americana De Humanidades, Ciências E Educação, 11(4), 2634–2653. https://doi.org/10.51891/rease.v11i4.18848