The duty to pay alimony to elderly genitors

Abstract

The fundamental duties aim to guarantee fundamental rights, foreseen in the Constitution of the Federative Republic of Brazil of 1988. This article aims, in the interim, to present and classify the duty to pay alimony to elderly ascendants as a fundamental duty. Thus, presentation and analysis of bibliographic research and collection of documents were carried out, mainly provisions with normative force taken from the 1988 Constitution, current Civil Code and Elderly Statute. From the aforementioned bibliographic research, there was a delimitation of the characteristics that make up the fundamental duty. Subsequently, the provision of food was described, having the elderly parent as a specific subject. The results showed that the feeder obligation to afford for the food for the elderly parents can be classified as a fundamental duty, in view of the explicit presence of a foundation in the constitutional text, to be promoted by action, based on solidarity, subject to sanction, and in order to guarantee the fundamental right provided for in arts. 229 and 230 of CF/1988.