O abandono da pessoa idosa e o dever de amparo familiar: atual tutela jurídica do tema e institutos correlacionados

Abstract

The present work aims to examine the discipline given by the current legal system to safeguard elderly people in the face of family abandonment. The research is built on the problem of identifying the treatment provided by Brazilian law to combat the abandonment of elderly people within the family. Firstly, the legal protection of the matter will be addressed at the international and national levels, with the exposition of various legal provisions concerning the topic. Next, the issue of affection in the space of Law will be addressed and its nuances in relation to the helplessness of elderly people in the family environment, a panoramic view of the topic in Brazilian jurisprudence will also be carried out, through which a possible change is imminent positioning regarding the view of affection as a legal duty. It will also expose different institutes that have been presented in the scope of debate on the subject, both by doctrine and by the Legislative Power, with the creation of Bills, revealing the adequacy of legal elements already established in other areas, such as adoption, be it the exposure of unprecedented and imminent concepts, such as senexation and reverse affective abandonment, all with a view to corresponding the particularities of the elderly population. Thus, through the debate encouraged in this research, it will be possible to conclude that there is a considerable treatment of the plot in the country, leaving to question the effectiveness of the measures already determined or their insufficiency, culminating in the understanding that there is a lack of more detailed protection of the issue.