Perda do direito de herança pelo abandono afetivo inverso

• Autor(a) principal: Silva, Renata Meneguzzi da
• Data de Publicação: 2021
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/3604
• topic: Abandono afetivo inverso; Afetividade; Exclusão da sucessão; Indignidade; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The present monograph has the problem of examining the reverse affective abandonment and its consequences, both personally and legally. Abandonment alone is a topic that is frequently addressed and is seriously discussed throughout the world, especially by bodies responsible for the defense of the rights of the human person. However, the reverse affective abandonment until the present moment has not been treated in the way it should, despite its similarities with the previously mentioned. The situations involving the theme are diverse and very complex, lacking norms that facilitate their judgment, which demonstrates the need for a study on the importance of the classification and penalization of reverse affective abandonment in the current legal scenario. The analysis of the theme will be due to the fact that abandonment generates serious sequelae, both emotional and psychic for those who suffer, as well as the injustice of the person responsible for the suffering to be benefited after the lack of the affected person. The methodology used for this purpose was the analysis of normative texts, as well as of judgments and doctrine pertinent to the treated theme. The purpose of this study is to demonstrate in a concrete way that the exclusion of succession due to reverse affective abandonment must be one of the hypotheses provided for by law, since the subject deserves a very special attention, as it is not fully protected by the Civil Code, and must be changed so that specific situations like this are treated in a coherent way, according to each of its specificities. Initially, the main rules of legitimate succession will be addressed, as well as the reasons for the exclusion of heirs due to indignity, resignation and disinheritance, and afterwards the importance of affection in the current legal scope will be evidenced through the great advances provided by contemporaneity. That done, it will be demonstrated what are the legal effects of the reverse affective abandonment, as well as the possibility of exclusion of the inheritance for its allegation, and how the courts are receiving this theme.