The rapid aging of Brazil’s population brings social, economic and legal challenges. One of the most notable issues is the increase in cases of abandonment of elderly people. In this context, the work “Abandonment of the Elderly and Exclusion of Inheritance”, by the lawyer from Rio Grande do Sul Rafaela Rojas Barros, specialist in Family and Succession Law, appears as a valuable contribution to understanding and facing this challenge.
The publication is the result of the author’s master’s research, which clarifies the legal understanding of the emotional abandonment of long-lived ancestors, especially in the context of the breach of the constitutional duty of support, as a reason for disinheritance. Rafaela highlights the absence of a specific legislative provision on the intangible abandonment of elderly people, proposing a reflection on the need to include this legal cause to exclude necessary heirs abandoning the succession or to interpret the law in force in a different, more sensitive way, such as form of effective protection of elderly people, recognizing the value of affection as an ethical principle of human dignity.
Partner at the firm Clóvis Barros Advogados, based in Porto Alegre/RS, Rafaela is the author and co-author of several scientific articles and legal works, consolidating her position as a reference in the legal field, has solid experience as a specialist in Family and Succession Law, being Master in Private Law and member of the Brazilian Institute of Family Law – Family and Business Commission.
The idea for the publication came from a specific case worked at the office, where abuse and cruelty against a fragile and elderly parent were understood as a (a)typical case of disinheritance. “It is urgent to rethink and update policies and laws that aim to protect the rights of elderly people. This abandonment occurs in different contexts, but is often observed within homes themselves, which makes the phenomenon even more worrying”, emphasizes the lawyer.