O abandono afetivo e a (im)possibilidade de exclusão do herdeiro necessário: fundamentos jurídicos e aplicação prática

Abstract

The present work aimed to deal with the theme of affective abandonment as one of the causes of exclusion of the necessary heir from the inheritance. Thus, also in relation to the reverse affective abandonment, as one of the possibilities of disinheritance. However, it was found that the law establishes exhaustive hypotheses about these possibilities, but the debates on the subject are extensive because the doctrine itself diverges on the subject, as well as the understandings of the courts. Furthermore, one of the purposes of the work was to discuss the importance of affection on family relationships, as well as the evolutions on these topics. In order to try to answer the problem of the work, practical cases on the subject were sought and bibliographic research was also carried out with different authors who work on this subject. Thus, after carrying out the research, it is concluded that the affective abandonment, whether by the parent towards the child or otherwise, suffers civil liability, but regarding the possibility of this abandonment being considered as a form of exclusion of the heir from the inheritance, the courts disagree on this, so there is no way to say that the understanding on this is peaceful and that all judges understand affective abandonment as being a cause for excluding the heir from the succession.