Extensão do direito à estabilidade gestacional ao pai: análise da PEC 114/2007 como mecanismo de proteção da subsistência do nascituro, sob o prisma do princípio familiarista da solidariedade

Abstract

The current work aims to study the possibility of extending gestational stability to the parent, in the hypothesis that he is the only source of income for the family nucleus, with a view to protecting the unborn child, an institution not provided in the Brazilian legal system, although brought by the PEC 114/2007, which was shelved, however aimed at implementing this extension. It is also sought to bring the dialogue of this extension with the familiarist principle of solidarity, in view of the parents' duty to protect the subsistence of the unborn. A qualitative, deductive and descriptive approach was used, because, from a general situation, which is the absence of prediction, in the Brazilian legal system, of paternity stability, the specific feasibility of PEC 114/2007 was seen, which represents well the desire for regulation of the aforementioned institute, since it is consistent with the purpose of protecting the unborn child, taking into account the reservations made in chapter 2 of this work. It was concluded that Brazil is behind in relation to several countries in Latin America and the European Continent, given that they have legal provisions on the extension of gestational stability to the parent, when providing the family income. Thus, there is an urgent need to bring the legislative discussion about instituting the stability of the parent in the country's order, along the lines of the PEC studied.