A exclusão do herdeiro em caso de abandono afetivo inverso.

Abstract

The present study had the objective of discussing the possibility of excluding an heir due to inverse affective abandonment. For this, the fundamental structure of Succession Law was approached, going through its concept, its historical evolution, its foundations, and its functioning in the national order, with emphasis on those excluded from the succession process, which are the successors considered unworthy and the possibility of disinheritance made by the author of the inheritance in the cases provided for by law. Reverse affective abandonment is an issue that can have serious consequences for the elderly. Neglect with the duty of care and helplessness violate the principle of affectivity, which stems from the principle of human dignity and solidarity, based on the Federal Constitution. The Civil Code and the Elderly Statute are also important in terms of protecting the elderly in this sense. This issue is still divergent in jurisprudence. The responsibility arising from affective abandonment has already been recognized, although cases are rarer when dealing with inverse affective abandonment. The Civil Code does not yet have the exclusion of the successor for inverse affective abandonment, because of this, it is important to understand how the protection of inverse affective abandonment works and the importance of its application within the Succession Law. The research's understanding is that children who abandon their parents at an elderly age deserve to be excluded from the inheritance left by them. In this scenario, there is the Senate bill nº 118 of 2010, which in its text proposes this question, to generate civil punishment and discourage the practice of this act by the successor. To achieve the objectives, the approach used was descriptive research, through the deductive method, through a qualitative and bibliographic analysis, using texts of law, scientific articles, jurisprudence of Brazilian courts, as well as doctrinal material, starting from if a general analysis of the themes correlated to the main idea, to arrive at the hypothesis of possibility of exclusion, and obtain the imagined conclusion. The paper has a documentary and bibliographic nature. In the end, it was clear the need to include inverse affective abandonment as a cause of exclusion of the heir in the legal role provided for in the Civil Code, and it is also demonstrated that he can be held civilly liable for damages resulting from the evasion of his duty of care.