Uma análise constitucional acerca do abandono afetivo e a taxatividade das causas de indignidade e deserdação previstas no Código Civil de 2002

Abstract

In this work, the object of study is the constitutional analysis of the causes of succession exclusion of a necessary heir in the mortis causa succession, which are interpreted in a strict manner, leaving emotional abandonment absent from this list. Thus, one intends to discuss the legal impacts of emotional abandonment on family relationships, in order to debate why succession law, regulated by the Civil Code of 2002, is still mainly based on biological factors, considering that the legal institution of the family is contemporaneously based on affectivity. It is considered that the fact that emotional abandonment is not included in the causes of exclusion of a necessary heir generates an unconstitutional state of affairs, once the Federal Constitution itself, although not expressly, is based on affection. Based on this issue, the general objective is to analyze affective abandonment and the strict interpretation of the causes of succession exclusion, under the aegis of the Federal Constitution of 1988. The theme is approached based on the maximum superiority and effectiveness of constitutional norms, which radiates its principles into the legal system, especially the constitutional foundation of human dignity. This is qualitative research, using the hypotheticaldeductive method and the bibliographic data collection technique. It is concluded that the practice of emotional abandonment transcends the limits of the feeling of affection, resulting, in Law, in the violation of the duty of care, inherently linked to the idea of responsibility within the family.