A responsabilização pelo abandono familiar do idoso.

Abstract

The present research uses the inductive and deductive method of approach, alongside a historical-comparative procedure method to analyze the perspective of the demographic increase of the elderly population. Aiming to unravel the rights provided by the Brazilian legislation regarding the violence committed against this growing population, parting from the assumption of the family members' responsibility for the abandonment and violence against the elderly. It will be analyzed whether the duty to guarantee active participation in the community, defending the dignity and well-being of the elderly is being attributed to their family, society and the State, safeguarding their right to life and whether supportive policies are being implemented, preferably in their homes. A bibliographic-documental search will be carried out to identify the types of behavior that violate the rights of the elderly, assigning the functions of the Public Prosecutor (Ministério Público) and the Elderly Councils. Furthermore, it will indicate civil and criminal liability in the face of such conduct. Jurisprudential cases will be analyzed regarding the accountability of the offenders who commit behaviors that violate the rights of the elderly. Therefore, it is concluded that the Judiciary manifests in litigations in which the main object is the abandonment of the elderly in order to condemn family members who fail to comply with their legal duty, usually for material damage and, less often, for moral damage, in a pedagogical, compensatory and punitive nature.