Alimentos gravídicos: uma abordagem civil e constitucional.

Abstract

This paper proposes a discussion regarding the right granted to the mother's provision of food by the parent as possible during the initial period of gestation. Law 11.804/08 regulates the actions on food gravidic from convincing legal evidence of paternity pointed to by the plaintiff. This Act seeks to meet a need that is reflected in our social reality. In this paper we analyze the substantive and procedural aspects introduced by the Law 11.804/2008, which regulates the right of women to seek food in favor of the unborn, and held a discussion on civil and constitutional approach which deals with this study. We also seek to discuss the nature of the food gravidic and their relationship further and reason about the liability of the debtor of food, as well as civil liability the author of the request for food gravidic in cases of intentional acts. Also discussed the equality of rights among children, contested the relevance of the 1988 Constitution to validate the rules of his family and conclude with considerations about the paramount importance of food gravidic law for the benefit of our whole society. Therefore, we use the hypothetical-deductive method, which consists of analysis from renowned authors, confrontation of ideas and seeking an understanding that provides the reader with linear satisfaction of the doubts raised in addition to a positive return on the interpretations of the laws discussed here. Even before birth through life, a being, even as embryos in the womb, the result of fertilization between sperm and egg, will call attention to fact and law. The unborn child while not having legal personality, has the ability to acquire rights in the field of jurisprudence. The Law of Food gravidic come endorse the modern conception of parental relationships that, each time with a more intense color, rescue the parents responsibility. But this fact alone does not absolve the sins of the legislature.