Análise jurídica do direito do nascituro de pleitear alimentos.

Abstract

This research will get a hold hermeneutics about the allocation of the unborn child personality, because it solve numerous discussions that exists around the acquisition of guarantees and fundamental rights unborn. Both of the doctrine, but also were conflicting judicial rulings on for the unborn child is entitled to certain rights and certain. The existing legislative framework ensures that the rights concerning the personality, only when they are acquired from birth to life, which rise to regular situation and at least antagonistic, considering that the same legal system puts the rights of the unborn child unless, that is , The legislation framework in its duty to protect a loved one, as designed, but that is still inside the maternal womb. The study will be systematized in three chapter. In the first deals will, therefore, the need to conceptualize the personality, as well as define its characteristics, and their rights, relates to its acquisition by the unborn child, assuring him his second chapter emphasize fullness. The definition of food, its species and characteristics, denoting its legitimacy and assumption. No third show will be the specific duties of the unborn child, stressing their right to food, the nature of this law, and ultimately, the ownership of the designed environment, a share of food gravidicos. For both, using literature search, as well as the deductive method, because they start with a review of general concepts, pertaining to the rights of the unborn, so consequently make a specific position of the subject under study, also will be used in the research method and evolutionary history-exegetic legal. Driving is well to note that the unborn child may plead food via lawsuit, still supported by Law 11.804/08, brought designed by ronment, however represented by his mother, by his guardian or trustee. Once the action defendant, the judge will review the case, judging the need for pregnant women as well as the possibility of the supposed father, ruling by the acceptance or rejection of related action.