SILENT APPROPRIATION: PROPERTY VIOLENCE AGAINST THE ELDERLY WITHIN THE FAMILY

Abstract

This article analyzes financial abuse against the elderly within the family context, emphasizing its invisible manifestations and the legal challenges related to its identification and repression. It starts from the premise that such conduct cannot be understood solely from an economic perspective, and it is necessary to consider emotional, relational, and contextual factors that influence the victim's autonomy. The study examines the increased vulnerability of the elderly, problematizes the validity of consent in situations of emotional dependence, and investigates the evidentiary difficulties arising from the silent nature of these practices. Furthermore, it analyzes the protection measures available in the Brazilian legal system, especially within the scope of the Statute of the Elderly, highlighting the need for a balance between protection and preservation of autonomy. The methodology adopted is qualitative, based on bibliographic and documentary research. It concludes that the effectiveness of legal protection depends on overcoming a formalistic approach, adopting a perspective sensitive to the relational dynamics that permeate financial abuse.