ABANDONO AFETIVO INVERSO E A POSSIBILIDADE DE EXCLUSÃO NA LINHA SUCESSÓRIA POR MEIO DO INSTITUTO DA INDIGNIDADE

Abstract

This study analyzes the consequences that the inverse affective abandonment has on the mental and physical health of those who suffer from it, considering that it is increasingly present in the Brazilian reality, representing a social problem that affects many elderly people, which lack the attention of whole State and society, as well as the lack of concrete legal support in the face of such abandonment. Thus, the main purpose of this research is the possibility of using the institute of indignity, provided for in Article 1.814 of the Civil Code, as a form of coercion, to those who practice it, so that they are excluded from the right to the line of succession, more specifically in the inclusion of affective abandonment inverse to the institute of indignity. This purpose was achieved through a literature review, which took place through the reading of doctrines, scientific articles and current legislation. The research demonstrated the importance and need to update the Civil Code, in view of the responsibility for abandonment, focusing on the law of successions, proving through this the possibility of inclusion of affective abandonment inverse to the exhaustive list of indignity, as a way to give rise to an effective coercion to those who practice it and to those who suffer it as a form of compensation, being able to avail themselves of such legal protection.