Inverse Affective Abandonment and the Judicialization of Affection

Abstract

This article aims to analyze the Institute of Inverse affective abandonment and the effectiveness of the judicialization of the demands resulting from the lack of affection with older people. To this end, it shows the analysis of the aspects related to the increasing population aging, the elements, and criteria used in the characterization of the older person, as well as the challenges arising from aging in the person who touches Family, society and the public power. It will also be analyzed the objective and subjective aspects related to legal protection and care for the elderly who suffer the affective abandonment, with a view to the debate about the possibility of compensation for moral damages in case of immaterial neglect. Finally, to verify whether the legal protection sought by the judicialization of the demands arising from it is capable of producing a sentence able to generate or make reestablish the affection. The work is conceived according to the inductive method, using the technique of bibliographic research, Doctrinaria and jurisprudential.