DO DIREITO A ALIMENTOS: análise da Lei no 11.804/08, frente a responsabilidade civil da genitora pela falsa imputação de paternidade

Abstract

The present study analyzes the institute of the parental support, which is an obligation provided for in the Law 11.804/2008, focusing on the false imputation of paternity by the mother. This analysis is necessary in view of the gap left by that Law regarding the possibility of restitution of amounts unduly paid by the alleged father. The purpose of this research is to present the possibility of using the subjective civil liability institute to characterize the indemnity for material and moral damages to the alleged father when there is a false imputation of paternity. This purpose will be achieved through the bibliographic review, which occurred through the reading of doctrines, scientific articles and recent judgments. Research has shown that it is possible to apply subjective civil liability to make it possible to recover improperly paid parental support in the face of non-confirmation of paternity, that would open up the possibility of damages for pain and suffering, when the mother acts in bad faith. It also demonstrated the possibility of the legitimate parent, who would be silent even knowing the possibility of paternity, having to compensate for the material damages that occurred.