Nascituro: da personalidade jurídica ao dano moral

• Autor(a) principal: Medeiros, Nicole da Silva
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/7561
• topic: Nascituro; Personalidade jurídica; Teoria natalista; Teoria condicionalista; Teoria concepcionista; Danos morais

This paper deals with the possibility of recognition of moral damages to the unborn child, whose answer is found in the main theories related to the beginning of legal personality in the country, such as Natalist Theory, Condicionalist Theory and Conceptionist Theory. This research, of a bibliographical character, was hypothetically-deductive, considering the hypothesis: it is possible to grant moral damages to the unborn child, which will be proven by analyzing the above theories and the legislation applicable to the case. Our intention is to emphasize the rights of the unborn child and the need to protect their interests in a broad and unconditioned manner, especially in regard to their non-patrimonial interests, such as the protection of any moral damage to which they may be subjected. For that matter, important conceps to the understanding of the theme were delimited, such as the meaning of unborn and legal personality. In addition, we addressed the guardianship conferred to the unborn child by the country's law, including as well the Roman Law. Then, with the presentation of each of the theories related to the legal personality of the natural person and given the doctrinal notions regarding the institute of civil liability, it was demonstrated that it is possible to grant moral damages to the unborn child, a reality covered by civilian doctrine and already observed judgments handed down by the main courts of the country.