SILENT APPROPRIATION: PROPERTY VIOLENCE AGAINST THE ELDERLY WITHIN THE FAMILY

Abstract

This article analyzes patrimonial violence against older adults within the family context, with emphasis on its invisible manifestations and the legal challenges related to its identification and enforcement. It is based on the premise that such conduct cannot be understood solely from an economic perspective, requiring consideration of emotional, relational, and contextual factors that influence the victim’s autonomy. The study examines the expanded vulnerability of older adults, 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 protective measures available in the Brazilian legal system, particularly under the Estatuto do Idoso, highlighting the need to balance protection and preservation of autonomy. The methodology adopted is qualitative, based on bibliographic and documentary research. It is concluded that the effectiveness of legal protection depends on overcoming a formalistic approach and adopting a perspective sensitive to the relational dynamics underlying patrimonial violence.