O abandono das funções parentais como procedimento indigno em alimentos

Abstract

The abandonment of parental functions is a social practice present in the history of Brazilian society, capable of setting up an unworthy procedure in alimony, a special form of exemption from alimony obligation. The present study aims to analyze abandonment in a historicalsocial perspective, linked to the evolution of the family and its legal institutes, as well as the legal system punishes this practice, through sanctions provided for in Criminal and Civil Rights. It is also analyzed what the ordering understands by parental function, indignity, unworthy conduct and unworthy procedure in alimony, general clause in the law. From these analyzes, the possibilities for interpretation of the unworthy procedure in alimony are studied. The abandonment of parental functions to unworthy conduct is approached as a potential unworthy procedure. Descriptive, bibliographic research using a hypothetical-deductive method is used, with a qualitative approach to the results. It is concluded that the abandonment of parental functions, in the specific case of the unmotivated desertion of the parental function, constitutes an unworthy conduct and an unworthy procedure, if there is a alimony claim, which leads to illegitimacy for the request, reduction or exoneration of the maintenance obligation.