Reverse affective abandonment and the adoption of elderly people in Brazil

Abstract

The present work aims to verify on the (in)viability of the adoption of elderly people in Brazil, having as a fact generator the inverse affective abandonment. The reversal of affective abandonment occurs when children fail to provide assistance to parents, as a rule, elderly, refraining from complying with the legal obligation to support old age inscribed in the Federal Constitution of 1988. It is known that the adoption of elderly people lacks regulation in the Brazilian legal system, and that it does not fit the age requirement of the adopter being older than that adopted. To this end, it sought to approach the situation of the elderly in the current legislation and the fundamental principles guaranteeing their rights. It was intended to discuss its role in the Brazilian social and family order. It also sought to present the institute of adoption, inverse affective abandonment and its effects. In addition, bills were presented that aim to allow adoption in old age and make the difference between ages more flexible. And, from this, the present study sought to identify the possible social and legal impacts that adoptive permissibility in the elderly can cause in society and those involved in the adoptive achievement, as well as in the descent of the possible elderly citizen adopted. For this, it used the dialectical method linked to the type of bibliographic research, based on doctrines, jurisprudence, articles, monographic documents, periodicals, the law itself and other materials made available in the worldwide network of computers through websites, because they were more appropriate to the purpose of the proposed study.