Abandono afectivo inverso: responsabilidade civil dos filhos em relação aos pais idosos por violação do dever de afecto

Abstract

For many years, the Doctrine has discussed the emotional abandonment of parents by their children, as well as the effects resulting from this fact on the human formation of the abandoned child. Today, with the increase in the rate of elderly abandonment on a global scale, there is an inversion in the paradigm of the issue of abandonment, and the discussion has begun on reverse emotional abandonment, a phenomenon caused by the abandonment of children in relation to their parents. Coincidentally, this phenomenon is present in Mozambique, it is normal, therefore, to see elderly people abandoned to their fate on the streets and in our neighborhoods, living in situations of extreme poverty and begging. However, abandonment by children causes immense harm to the elderly. And as is known, from the combination of no. 1 of 289 and 290, both from the Family Law, it is clear that children have the duty to esteem, assist, respect, help and care for their parents whenever they are in a difficult situation. Of necessity. Therefore, it is in this context that we propose to analyze the figure of emotional abandonment of the elderly person, its effects, as well as the possible civil liability of children for the abandonment of their parents, paying attention to the duty that falls upon them in relation to their parents