O "Código Civil reformado" como vetor de combate ao abandono afetivo inverso: a ampliação das causas de exclusão da herança em uma interface normativa entre a boa-fé objetiva e o Estatuto da Pessoa Idosa

Abstract

The inversion of the demographic pyramid caused by the increase in life expectancy has gradually placed the elderly at the heart of public policies and legislative initiatives, and this group has been recognized as vulnerable and subject to protection by the public authorities. However, concern for the elderly has had little impact on the 2002 Civil Code, especially in inheritance law, where the relationship between the event of death and the elderly becomes more latent given the social stereotype about ageing. This negative understanding of old age is a vector for violating the rights of this group, such as inverse affective abandonment perpetrated by family members. This illicit act was considered by the Draft Revision and Updating of the Civil Code to be included in the list of causes of exclusion from inheritance, seeking to remove the legal position of necessary heir from those who abandon the deceased. Against this backdrop, the aim of this paper is to assess the inclusion of inverse affective abandonment as a cause for exclusion from inheritance under the “Reformed Civil Code”, verifying its conformity with the Statute of the Elderly Person for the effectiveness of the rights of this group, considering the need to comply the objective good faith in Succession Law. In view of this, the following research problem was established: What are the limits of the new wording of the Civil Code in light of the taxability of the causes of exclusion from inheritance and the growing need to parameterize inverse affective abandonment by adapting it to the Statute of the Elderly Person? To this end, it was considered as a hypothesis that these limits presented by the Draft could be supported by objective good faith, the governing principle of the legal system and the guiding principle of the rules of conduct contained in specific legislation and in the broad Civil Code. In order to construct an answer to the research problem presented, the hypotheticaldeductive method was used, based on bibliographical and documentary research and a qualitative approach. It was therefore found that objective good faith can be an enabler of the influence of the Statute of the Elderly Person on the Book of Succession of the Civil Code that is to be reformed, serving as a channel to objectively establish ethicality in the way hereditary succession will be affected by the new cause of exclusion from inheritance. The aim of this study is to contribute to a more humanized development of inheritance law, in order to consider affection and good faith as drivers of a more effective guarantee of protection and autonomy for people in the process of ageing.