O filho não é meu, e agora? possibilidades do pagador de alimentos gravídicos no caso de DNA negativo

Abstract

This scientific work initially deals with the food institute as a whole, with an individual approach to pregnancy foods, which are provided for in Law No. 11,804 of 2008, popularly known as the Pregnancy Food Law. It follows with an understanding of the alternatives for the payer of pregnancy maintenance who was not found to be a parent based on genetic testing. It should be noted that the imputation of paternity, when not confirmed, in addition to resulting in undue payment of food, also ends up causing emotional distress, which may generate the possibility of compensation for material and moral damages. Therefore, in an analysis of family law and civil law, the general rule of civil liability stands out compared to the principle of unrepeatable alimony. The study uses a deductive approach, with qualitative research, and the research technique used was bibliographic, using national legislation, doctrines, jurisprudence, scientific articles, and other works on the subject.