O abandono material e moral de idosos e suas consequências no direito sucessório

Abstract

This article addresses the material and moral abandonment of the elderly, which is an increasingly common situation in Brazil's society. With the arising of the population aging phenomenon in the country, social and family dynamics have shifted, notably reflected in the growing number of elderly individuals facing economic and emotional vulnerability as a result of familial, social, and governmental neglect. Considering this, the article explores the family's duty to care for aging ascendants and examines the State’s role in responding to this social dysfunction, based on the legal provisions governing such relationships. Furthermore, it discusses the importance of fraternal bonds and outlines the consequences of inverse abandonment within the family context, whether through the crime of material abandonment or the infliction of moral damage. Finally, the article highlights the need for the application of disinheritance—an act of free will by the elderly person through a will as a consequence for family members who have failed to fulfill their duty of support toward a vulnerable elder.