Abandono material e afetivo : limites à reciprocidade da obrigação de alimentos.

Abstract

This final course assignment has the main purpose to investigate the legal feasibility of the relativization of the maintenance obligation from the children to their parents in cases of material and affective abandonment in the decisions of the Rio Grande do Sul Court of Justice. In this context, the problem to be faced is to verify if it is possible to relativize the food obligation of the children in relation to their parents in the cases in which the material and affective abandonment has been configured. To take care of this task, the method used was the inductive method, and as research techniques, the jurisprudential and the bibliographical. Finally, it can be initially stated that the food obligation, despite having legal support, can be flexibilized through the jurisprudential understanding of the Court of Justice of Rio Grande do Sul - TJRS in situations of material and affective abandonment, characterizing an exception to the principles of Solidarity and Reciprocity that rule the duty to provide food. The first part of the paper dealt with the family's duty to support and to provide food in Brazilian law. The second part addressed the affection and duty of maintenance in the family relations, conceptualizing the material abandonment and the affective abandonment. In the end, the third part of the study brought the TJRS understanding about the material and affective abandonment and the possibility of relativizing the children's food obligation towards their parents due to this abandonment.