DISINHERITANCE AND INDIGNITY DUE TO AFFECTIVE ABANDONMENT: LEGAL IMPLICATIONS IN HEREDITARY SUCCESSION

Abstract

Kinship relationships, as well as those originated by Family Power, gained breadth with the development of society and the values of each era. Therefore, with the change in these ethical and moral precepts, there is an urgent need for Law, which flexes its axioms according to social facts. It is therefore essential to study these changes, so that these new perceptions can be analyzed and discussed. With this in mind, the main objective of this article is to discuss and analyze the possibility of hereditary exclusion as a civil sanction arising from emotional abandonment. This is because this issue is being increasingly addressed in teaching and research forums, as well as in jurisprudence, taking into account the ramifications of modern law, in the face of the Democratic Rule of Law, provided for both in the Constitution of the Federative Republic of Brazil of 1988 , as well as in the Civil Code of 2002. Given this, in view of social changes and the development of the legal system, this academic discussion is essential, in order to achieve greater clarification regarding the understanding that best resolves the problem. For this reason, the methodology adopted in this article was descriptive and exploratory, with a deductive, inductive and dialectical approach. In relation to the procedural method, there is the structuralist and historical one, to better achieve epistemological results and better conduct the research. With regard to the research technique, documentary bibliography was used, due to the use of doctrines, jurisprudence, laws and articles.