O abandono afetivo como hipótese de exclusão da sucessão

Abstract

This monograph seeks to obtain the title of Bachelor of Law from the Faculty of Law of the Federal University of Bahia through the analysis of emotional abandonment as a hypothesis of exclusion from the succession, in order to highlight the importance that such a situation deserves before the Brazilian legislator, having in view of the consequences that they entail on the victim, thus, it is necessary to update the taxation rules present in the Civil Code 2002. It is imperative to note that in our legal system there are no absolute fundamental rights and, according to the constitutional reading of civil law, there is the possibility of moving away the right of inheritance, given that it is not restricted to the provisions of civil law. An initial conceptualization will be made about the institute of succession, approaching the cases of exclusion from the succession currently provided for in the Civil Code, together with its effects on the factual reality. Subsequently, a critical analysis will be carried out on the importance of including emotional abandonment as a hypothesis of exclusion from the succession, allowing a fair solution for the specific case, given the fulfillment of implicit requirements, which are expressed in the Constitution, with the result of the exclusion of that which fails to comply with the constitutionally established duties, in view of the paradigmatic advances in family relationships and some judged through a systemic interpretation of the legal system. Furthermore, such problematization has been discussed by the Legislative Power through Bill 118/2010, which proposes changes in the causes of inheritance exclusion, recognizing emotional abandonment as one of its hypotheses.