A possibilidade de relativização da obrigação de prestar alimentos recíprocos entre pais e filhos nos casos de abandono pelo genitor

• Autor(a) principal: Ferreira, Daniela Ribeiro
• Data de Publicação: 2019
• 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/7504
• topic: Alimentos; Abandono; Reciprocidade; Solidariedade

The central question of the present work refers to the possibility of relativizing the food obligation, reciprocally claimed, regarding parents and children, especially in cases where the abandonment by the parent in relation to their offspring has been demonstrated. Since there is no legislation regarding the relativization of the reciprocal maintenance obligation, this paper aims to propose a reflection on the parameters for the applicability or not of such contingency. Regarding the methodology employed, bibliographic and documentary searches were used, mainly articles, books and consultation of jurisprudence. Firstly, in order to introduce the theme, the concept of food, its legal nature, the assumptions for concession, its main characteristics, focusing on reciprocity, as well as the subjects of the maintenance obligation and the causes of extinction of the obligation to provide food. Moreover, in the construction of interpretative parameters for food provision, the guiding principles of this obligation are presented. Finally, when facing the central problem of the present work, the concepts inherent to abandonment are clarified, as well as the position of Santa Catarina jurisprudence regarding the possibility of relativization in the provision of food in cases of abandonment practiced by the parent. Thus, through the principled, doctrinal and jurisprudential analysis, it was possible to visualize the justifying grounds for the application of the relativization of reciprocity in the provision of food between parents and children when the abandonment by the parent was verified, based on the precepts established in the duties of reciprocity and of solidarity in family relationships.