A obrigação dos filhos prestarem alimentos aos seus genitores, em situações de abandono afetivo e material: um estudo sobre a ponderação do princípio da reciprocidade

Abstract

The objective of this work is to analyze the principle of reciprocity in food obligations between parents and children, especially with regard to the responsibility of the offspring to support their parents in old age, when they are materially or emotionally abandoned by their ascendants. In this sense, the study addresses the application of the weighting method, developed by Professor Robert Alexy and incorporated into the Brazilian legal system through article 489, §2, of the Civil Procedure Code, as a legal tool capable of weighing conflicting norms, in cases involving material and emotional abandonment. Firstly, the dichotomy of be and should be is addressed, in the context of contemporary family relationships. Below, the concept of food and the criteria used to establish it. Next, the principles that revolve around the food obligation. Afterwards, the use of the weighting technique in light of the Brazilian legal system. Finally, a critical approach to the way in which state courts have positioned themselves on this topic. To do this, bibliographical research is used, examining laws, doctrines, scientific articles and jurisprudence relevant to the topic.