A herança que eu não mereço: a abandono afetivo inverso como causa de deserdação

Abstract

The present work aims to analyze the legal possibility of adding inverse affective abandonment among the causes of disinheritance. Due to this, the discussion of the theme will begin with the analysis of the current understanding about the right of inheritance and the disinherited of descendants, its causes and the legal consequences of that act. Then, it is necessary to ascertain the legal grounds for the legal protection of the elderly and the constitutional and infraconstitutional provisions intended to predict the family’s duties towards the elderly. Finally, the legal grounds that allow to consider inverse affective abandonment as a cause of disinheritance will be addressed, as well as the legal value of the affection. Next, the justifications given to consider inverse affective abandonment will be listed as an illicit one. In view of these two analyses, it will be possible to verify the Bills of Law number 118/2010, number 3.145/2015, and number 3.799/2019, in order to sustain which or which of them deserve to be approval. Based on that, this work adopts exploratory research, and its sources are bibliographic research and documentary research of institutional records related to the theme. The method used is the hypothetical-deductive, in which, from a problem, there will be a prior solution subject to analysis, in order to distort the initial hypothesis. In this sense, it is assumed that inverse affective abandonment is a legal injury able to be placed among the causes of disinheritance.