The inverse affective abandonment and the (im)possibility of disinteration of the abandoned child

Abstract

The legal right of inheritance provided for in the civil guarantor, which through the legitimate heir children of the deceased and through Brazilian institutes has the right to disinheritance and indignity, there are practices that make the heir not code to the hereditary share. In this sense, the possibility of desertion of the son who emotionally abandons the father still alive is approached. The objective of the article is to analyze the protection of the homebody in Brazil, as a consequence of the affective abandonment of that person who abandons. The methodology is qualitative and has a deductive approach, with research carried out in literary works and scientific articles. It is concluded that the biggest obstacle for inverse affective abandonment to be a cause of disinheritance is the fact that the list of article 1,814 of the Civil Code is exhaustive, and Brazilian courts cannot interpret it differently. Thus, it is observed that the best way for this practice to be the cause of disinheritance of the heirs who practice it is the inclusion in the exhaustive list of the aforementioned article. It is understood that Bill n. 3145/15 is the best way to ensure that the heirs who, in life, did not care about the deceased, come to possess their material goods by virtue of the succession.