Court removes drug-addicted children from elderly parents.
A judge in São Paulo has established a minimum distance of one hundred meters between two brothers with drug addictions and their parents' home; the penalty for non-compliance includes a fine and imprisonment.
Fernando Porfírio_247 - A court in São Paulo has ordered two men to stay away from their parents' home, under penalty of a R$ 5 fine and preventive detention. The decision was made by Judge Marcos Alexandre Ambrogi, of the 4th Civil Court of Mogi das Cruzes. The two men are drug addicts and accused of offending and exploiting their parents.
The judge had already granted a preliminary injunction prohibiting Marcio Benedito and Mauro Antonio Matos from continuing to live in their parents' house. Now the magistrate has made the measure definitive and determined that the sons must stay at least one hundred meters away from the residence where their elderly parents live.
The decision was made at the request of the Public Prosecutor's Office, which is pursuing a public civil action based on the Statute of the Elderly. According to the complaint, the adult children routinely offend their parents and demand money to buy drugs.
The two men are also accused of breaking objects inside the residence, making cohabitation unbearable. The public civil action, filed by the Public Prosecutor's Office, states that the elderly couple were in a situation of risk.
The judge states in his decision that the State has a duty to guarantee the elderly person protection of life and health through public social policies that allow for healthy aging in dignified conditions. Furthermore, the judge affirms that it is the right of the elderly person to dignified housing, unaccompanied by family members, when they so desire. The magistrate also determined that the defendants can only return to the house with the written consent of the elderly couple.