A Responsabilização dos Genitores por atos ilícitos de filhos maiores dependentes

Abstract

Objective: to analyze the possibility of holding parents civilly liable for unlawful acts committed by adult children who, although fully legally capable, remain economically dependent on their parents, in light of the absence of an express legal provision in the Brazilian legal system. Method: a deductive method was adopted, with a qualitative approach and bibliographic and documentary research, based on the analysis of current legislation, specialized legal doctrine, and the principles that guide contemporary civil liability. Results: the investigation demonstrated that civil liability has undergone significant historical development, with the expansion of mechanisms aimed at protecting victims and the increasing emphasis on full compensation for damages. It was also found that the Civil Code expressly regulates parental liability for unlawful acts committed by minor children, but remains silent regarding dependent adult children, a circumstance that has generated doctrinal and interpretative divergences. In this context, legal grounds were identified to address this normative gap, especially through analogy, extensive interpretation, and the application of constitutional principles, particularly the principle of solidarity. Final considerations: it is concluded that parental liability for unlawful acts committed by dependent adult children lacks a uniform solution in both legal doctrine and case law, requiring an individualized analysis of the circumstances of each specific case. The contemporary challenge lies in reconciling victim protection with the limits of civil liability, demanding greater theoretical development and jurisprudential advancement on the subject.