Emotional abandonment can generate compensation and even exclusion from inheritance; know the term

With a decision of the DF, a father was deprived of his daughter’s inheritance, after the girl’s sister had contested her right and alleged emotional abandonment

Last year alone, 172,000 Brazilians were registered without their father’s name on their birth certificate. Others even had their parents’ names on their documents, but didn’t have them there when they needed them. The so-called “emotional abandonment” has been increasingly addressed in court decisions seeking to compensate children raised without a father figure.

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“Affective abandonment is fundamentally neglect, both in terms of financial, psychological and emotional support,” explains lawyer Kevin de Sousa, a specialist in family and inheritance law.

Recently, a case in the Federal District attracted attention. A father was deprived of his daughter’s inheritanceafter the girl’s sister contested her rights and alleged emotional abandonment. In the situation, the father would have left the family because his dead daughter was disabled.

In the decision, Judge Manuel Eduardo Pedroso Barros, of the 1st Civil Court of Samambaia, wrote, in a literary manner, to the defendant: “Do not argue about the inheritance of a daughter you did not raise; do not argue about the inheritance of a of a family you didn’t live in; don’t argue about a love you didn’t sow;

Affective abandonment in legislation

Lawyer Kevin de Souza explains that the term “emotional abandonment” is not expressed in the civil code, however, in cases of inheritance left by a child to a father, the legislation raises the hypothesis of unworthiness. According to this argument, parents can lose the right to what is left because they abandoned their children or grandchildren.

In life it is also possible to take legal action against emotional abandonment. In this case, children who feel helpless can ask for compensation. Souza cites compensation that has already reached the value of R$200,000.

“In most cases, these are important compensations. Normally, these are conditions of economic sufficiency, so, in this case, the currently abandoned father or mother is able to guarantee a more dignified condition for the person which would be abandoned.” protected,” says the lawyer.

In his speech we see that emotional abandonment can also be committed by mothers, but the most common, so far, are judicial decisions related to the relationship between men and their children.

How to demonstrate emotional abandonment

How can you prove that a person has never been there? Lawyer Kevin de Souza explains that the evidence for this type of trial is documentary and testimonial. In other words, take to court the non-payment of alimony, as well as reports from family members, the school where he studied, etc.

Souza adds that emotional abandonment, as the name suggests, isn’t always related to money. Parents can pay child support and still not be there.

“For example, in the case of parents who commit moral and psychological harassment towards their children, then in case of divorce or even who do not provide the necessary emotional assistance when the child needs it. This is also probably recognized as a right of exclusion, of desertion as an heir”, he states.

Source: Terra

Rose

Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.