FIGUEIREDO, H. A. D.; http://lattes.cnpq.br/7129766366047327; FIGUEIREDO, Hugo Alencar Duarte.
Résumé:
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.
