O abandono afetivo inverso e a (im)possibilidade da exclusão do herdeiro necessário da sucessão

Abstract

This work has as objective study the affective abandonment reverse and the possility of necessary heir’s exclusion of the succession, considering the non-legal prevision of that hypothesis on the Civil Code of 2002. It intent to show if the legal causes are exhaustive or not by the way of jurisprudence and how the vulnerability of the old people and the familiar negligence of solidarity could justify a new way of withdrawal in situations of affective abandonment. In that context, considering the affection as legal thing to be protected, debates the incapability between indignity and disinherit, and the current social and legal conception of family from the constitutionalization of Civil rights.