A (im)possibilidade do reconhecimento do abandono afetivo como causa de indignidade para fins sucessórios

Abstract

This monograph aims to discuss the possibility of recognizing succession unworthiness (indignidade sucessória) in cases of emotional abandonment, from the perspective of the constitutional values that guide Family Law, with emphasis on the principle of affectivity, together with the foundations of Succession Law and the legal institute of unworthiness. The research employed the hypothetical-deductive method, and is descriptive and bibliographical in nature, based mainly on the analysis of legal doctrine, legislation, and judicial precedents. The results indicate that, although a significant portion of legal scholarship supports the understanding that the list of grounds for unworthiness is exhaustive, there is a certain normative insufficiency in this provision, as it overlooks conduct that may be considered morally reproachable, including emotional abandonment. It is concluded that emotional abandonment shares the same underlying principles as the other causes of succession unworthiness-namely, the protection of human dignity-which legitimizes the use of interpretative approaches aimed at upholding this foundational value of the Republic.