Abandono afetivo inverso e a responsabilidade civil dos filhos com os pais idosos

Abstract

This article analyzes reverse emotional abandonment as a potential basis for civil liability in the context of Brazil’s aging population. It begins by acknowledging that demographic changes and transformations in family structures have increased situations in which older adults experience emotional neglect, lack of care, and social vulnerability, even in light of the protections guaranteed by the Federal Constitution, the Civil Code, and the Statute of the Elderly. In this scenario, the study aims to investigate whether the emotional omission of adult children may constitute an unlawful act and generate a duty to compensate, particularly when such conduct violates dignity and compromises the well-being of the older person. The research adopts a qualitative approach, with an exploratory and descriptive character, grounded in bibliographic and documentary analysis, including legal scholarship, legislation, and judicial decisions related to the topic. The development section discusses the evolution of the legal concept of affection, the consolidation of human dignity as a foundation for family relations, and the elements of civil liability applicable to the omission of care toward older adults. Judicial decisions that have gradually recognized moral damages resulting from the unjustified absence of family care are also examined. The findings indicate that, although there is no specific legislation on reverse emotional abandonment, there is room within the legal system to recognize civil liability when the children’s omission and the resulting suffering of the older adult are duly proven. It concludes that the effective protection of the rights of older adults depends on the articulation between legal norms, public policies, and social awareness, reinforcing intergenerational care as a collective commitment.