CIVIL LIABILITY FOR INVERSE EMOTIONAL ABANDONMENT IN TIMES OF COVID-19 IN BRAZIL

Abstract

This article addresses the civil liability of children through inverse emotional abandonment during the Covid-19 pandemic in Brazil. The research proposes an analysis of the current legal order in relation to the omission of children to provide care to elderly parents in this context. The central issue is to examine how legislation disciplines this omission and how reverse emotional abandonment is configured during the pandemic. The methodology employed involves a bibliographic review of the Brazilian legal system, collection and analysis of data on the state of abandonment faced by the elderly before and during the pandemic. The objective is to discuss the possibility and extent of civil liability of children, as well as to analyze judicial precedents related to the subject. The research reveals that emotional abandonment violates the fundamental right to affection, resulting in emotional and moral violence against the elderly. During the pandemic, there has been a significant increase in cases of emotional abandonment, both by ascendants and descendants. However, the legal application to protect rights has been inconsistent, favoring more cases of affective abandonment by ascendants. This disparity violates constitutional principles and calls for a more equitable approach to the legal system. It is essential to seek consistency and equity in judicial decisions related to emotional abandonment, ensuring the protection of the rights of all parties involved. The appreciation of affection as a fundamental right and the need to preserve it highlight the importance of addressing this issue in the family legal context.