A responsabilidade na obrigação de pagamento dos alimentos gravídicos como forma de proteção ao nascituro e a dignidade da pessoa humana

Abstract

The Brazilian legislation, in search of affirmation and construction of the democratic rule of law, raises the person as a fundamental point and fundamental to its realization. Based on this information, you can analyze that exist as fundamental rights, protection of human dignity and further protecting the physical integrity of the individual. So arises the interest in analyzing the theme, it is the responsibility in the payment obligation of gravidic food as a way to protect the unborn child and the dignity of the human person. The study of the analysis of personality concepts and capabilities, through the analysis of the term unborn child and then bringing up theories involving the beginning of the unborn child's personality. After that, it verified the Brazilian legislation and its treatment with respect to the unborn child, both constitutional, as the infra-constitutional matters, until such time that the unborn child's civil rights are highlighted. Finally, the study is restricted to only one aspect which is what involves the payment of gravidic food as a form of financial assistance to pay for the expenses during the pregnancy period. Such expenses must be supported by both parents, while respecting the binomial option-need where claimant's needs are set up beside the possibility of the payment claimed. Another point of discussion presented by this work is that the presumption of paternity, since DNA testing can only be carried out after the birth of the child, which here comes the problem of the possibility of false paternity claim by the same, it verifies the importance of the study on the topic..