Alimentos gravídicos: análise acerca da (im)possibilidade de indenização ao suposto pai em caso de negatividade de paternidade.

Abstract

The Law of Gravidic Foods - Law n°. 11.804/2008, has the purpose of ensuring better conditions for the unborn child, as well as for the pregnant woman, thus ensuring the expenses arising from pregnancy until the moment of birth of the child. It is necessary to understand that gravidic foods are stablished based on mere evidence of paternity, so there is no clear proof that determine whether that individual indicated by the pregnant woman is in fact father or not. Consequently, there is much debate about juridical insecurity in the actions of gravidic foods, since because there is no real confirmation of the parent, can lead to the bad faith of the pregnant woman to impute this paternity. Therefore, the present monographic work intends to analyze the aforementioned law, as well as to discuss the possibility of indemnity, both for material and for moral damages to the alleged father in cases of refusal of paternity. The adopted methodology owns the deductive method, since it starts from a theory to arrive at something particular. Regarding the research procedure, it is bibliographic, and finally, regarding its type, it is defined with a descriptive characteristic. This time, the aim is discussing throughout the research about the possibility of this liability on the part of the parent, when she acts with willful or gross negligence, in order that the man is not at the mercy of such practices.