Abandono afetivo e deserdação: O direito sucessório à luz do princípio da afetividade

Abstract

That paper intends to analyze the possibility of including emotional abandonment asa hypothesis of disinheritance, observing the evolution of the position of affectioninthe Brazilian juridical system. For that, bibliographical and jurisprudential research was carried out, using the hypothetical-deductive method, considering the hypothesis of inclusion of affective abandonment in the list of causes of inheritance exclusion,the general panorama about affection in Family Law was described, passing by the general concepts of Succession Law, with greater focus being given to the gap in the succession exclusion hypotheses, mainly concerning the principle of affectivity. Finally, an analysis is made of the performance of the Legislative and Judiciary Powers concerning the valuation of affection in family relationships and the possibility of disinheritance due to emotional abandonment. Throughout the work, one can see the importance that affection has in family relationships, whence, the legislation could not allow the passer to leave their assets to a person who was affectively absent intheir life, who left signs irreparable in their personality. Therefore concluded that the inclusion of emotional abandonment as a hypothesis of disinheritance is essential forthe Succession Law to be adequate to meet social needs and should occur, basedon the constitutional principles of human affection and dignity, by the actionof the Legislative Power, considering that the hypotheses of disinheritance are an exhaustive list.