O IDOSO E A FAMÍLIA: A (IM)POSSIBILIDADE DA EXCLUSÃO DA SUCESSÃO POR ABANDONO AFETIVO INVERSO

Abstract

The increase in the elderly population, coupled with the growing number of cases of material and immaterial abandonment, has put on the agenda several discussions about the characterization of the so-called inverse affective abandonment and its legal consequences. For this reason, the main objective of this scientific research is to answer the following question: the characterization of inverse affective abandonment, in view of the changes evidenced in social and family dynamics, in the light of constitutional and infraconstitutional provisions for the protection of the elderly could become one of the hypotheses of succession exclusion? For this, the methodology of a legal-dogmatic nature was used, through the deductive method and bibliographic technique from books, scientific articles, monographs and texts relevant to the theme. It was found that, in view of the constitutional principles of human dignity, the social function of the family, family solidarity and affectivity, as well as the duties of care and support provided for in the constitutional and infraconstitutional framework, linked to the fact that doctrine and jurisprudence support the taxation of the causes of indignity and disinheritance, the inheritance law is outdated, not being able to keep up with the new social demands. In this sense, it is defended the updating of the institutes of indignity and disinheritance, as proposed by Bills nº 3.145/15 and nº 118/10 (current Bill nº 867/11), aiming to guarantee greater legal security to the elderly, as well as to your heritage.