Responsabilidade civil decorrente da inexecução dos deveres filiais de ajuda e amparo aos pais

Abstract

This study aims the civil responsibility arising from non-implementation of filial duty to help and support the parents in a situation of old age, scarcity or illness. The central topic is the analysis of immaterial dimension of the duty of help and support, which cause an immaterial damage, besides that the material dimension is explored in a complementary way. The analysis is focused in a deductive reasoning, starting from the exam general rules of civil responsibility, and then the specific aspects in the non-implementation of filial duties cases are explored. The research is focused in law doctrines and legal system, because doesn’t exist jurisprudence about this subject. The comparative method is constantly approached, inasmuch as the default of doctrines that deal with this subject, so is accomplished a comparison between the civil responsibility arising from non-implementation of parents duties. Firstly is approached the evolution of the family legal concept and, from this historical perspective, is examined the filial duty to help and support, the legal assumptions, and the bill 4.294/2008. In the following chapters are analyzed the filial duties set (original legal duty) and the civil responsibility of the son who abandoned the parents. (secondary legal duty), Finally, the civil responsibility functions and the opposed arguments are examined.