Desertion due to affective abandonment

Reflections on the need for changes in the civil code

Abstract

Disinheritance due to emotional abandonment is a topic of great importance to be debated within the scope of inheritance law, raising debates about the need for modifications to the Brazilian Civil Code. Disinheritance due to emotional abandonment occurs through the exclusion of the successor from the deceased's share, due to negligence and/or disinterested conduct in relation to the deceased. This article aims to address the legal and social implications of emotional abandonment, as well as its consequences, analyzing the feasibility of its inclusion as one of the hypotheses of exclusion from inheritance due to disinheritance, based on constitutional principles, as well as relevant doctrine and jurisprudence. Initially, we sought to analyze social evolution and its impact on the legal system. Subsequently, we sought to demonstrate how Brazilian legislation addresses inheritance law, elucidating the types of successions, the guiding principles of succession law and the exclusion hypotheses provided for in the Civil Code. Finally, the legislative and jurisprudential understanding regarding disinheritance due to emotional abandonment among family members was exposed, as well as the psychological consequences caused to the abandoned person. The methodology applied in this article is the hypothetical-deductive method, using relevant doctrines, jurisprudence and legislation as a basis.