Os alimentos gravídicos e a responsabilidade da genitora com a confirmação da não paternidade

Abstract

The present study has as the object of study an analysis of Law no. 11.804 / 2008 which deals with subsidized food to the pregnant woman during the period of pregnancy in order to better guarantee the right to life of the unborn child. In particular, a search should be carried out on the possibility of civil responsibility of the mother when the meals’ payment by the supposed father is granted and, moreover, a paternity is not confirmed by a genetic expertise. Reaching the solution, we will first analyze the food institute, in Brazilian Civil Code, through concepts, characteristics, species and assumptions. Therefore, it is passed to the figure of the unborn child and the treatment that is given to the beginning of its legal personality, through theories analyzed below, since from there it can be deduced if this one owns or not the rights in the juridical order, making possible the concession of pregnancy foods. Thereafter, the materials and processes of Law no. 11.804 / 2008. Finally, a basic analysis is made regarding the institute of civil responsibility, so get to the end of the problem raised in this work.