Role reversal
Seven brothers will have to pay their elderly mother, aged 88, alimony worth between 10% and 20% of the national minimum wage each of them. The decision is from the 8th Civil Chamber of the Court of Justice of Rio Grande do Sul, which maintained the preliminary determination of the Family Court of the District of Gravataí (RS).
Children have a duty to support their parents in old age, says the Constitution
The elderly woman went to court with a food claim, asking for financial assistance for her children. Five will pay 20% and two of them, who appealed alleging financial difficulties, will pay 10% each. The case continues to be processed in the first instance for analysis of the merits.
The appeals rapporteur, judge José Antônio Daltoé Cezar, highlighted that the request against the descendants is based on law. He cited article 229 of the Federal Constitution, which says that older children have the duty to help and support their parents in old age, need or illness, and 230, which addresses the duty of the family, society and the State to support elderly people, ensuring their participation in the community, defending their dignity and well-being and guaranteeing their right to life.
civil Code
The judge also cited the Civil Code. Article 1,694 states that “relatives, spouses or partners may ask each other for the food they need to live in a manner compatible with their social condition, including to meet their educational needs”. The norm also determines that the right to maintenance is reciprocal between parents and children, and extends to all ascendants, with the obligation falling on those closest in degree, some in absence of others.
According to the rapporteur, the analysis of the documents gathered revealed that the author of the case suffers from diabetes, hypertension and osteoarthritis, requiring a full-time caregiver. And she has a social security benefit worth approximately one minimum wage.
“To determine the charge, the binomial necessity-possibility must always be observed”, explained the judge.
Judges João Ricardo dos Santos Costa and Luiz Felipe Brasil Santos followed the rapporteur’s vote. With information from the TJ-RS press office.
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