O direito ao ressarcimento do suposto pai decorrente da aplicação do princípio da proporcionalidade em face da Lei de alimentos gravidicos.

Abstract

It is ensured the right of refund for those who provided gravidic food improperly, due to the application of reasonability principle, preserving the right of equality among men and women, in order to assure juridical safety, preventing illicit enrichment in familiar relationship. Brazilian juridical legislation sets to fundamental rights a radiant aspect, once it sets values to all society, supposed to achieve all relationship that uses these rights, including private juridical relationship. The possibility of refund of those who even considering the fact food has a singular aspect, is questioned. Concerning all these topics, this paper aims to analyze constitutional precepts in private relationship, as well as to verify if refund is contemplated by fundamental rights that assure human dignity. To reach such, not only deductive and comparative methods were applied, but also indirect research techniques, backed by bibliographic studies, besides observing the topic in the legislation. In conclusion, the right of refund is fair and in concordance to fundamental rights, because familiar relationships are also included in the assumption of justice, equity and right.