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The Proposal That Includes Affective Abandonment as a Cause of Exclusion from Inheritance Gains Strength in Congress and Resonates in Judicial Decisions, Reigniting the Debate on Dignity, Duty of Care, and the Future of Inheritance Law in Brazil.
Since 2015, a project has been circulating in the National Congress that reignites one of the most sensitive debates in Family Law: transforming affective abandonment, especially against the elderly — into an official cause for exclusion from inheritance. This is PL 3.145/2015, which aims to amend the Civil Code to allow the disinheritance of children and grandchildren who abandon their parents or grandparents, leaving them in situations of emotional, material, or health vulnerability.
Currently, the Civil Code only allows excluding heirs in specific cases: attempted homicide, serious offense, crimes against honor, violence, or fraud involving wills. It makes no mention of affective abandonment, even though it is one of the biggest complaints among the elderly in Brazil. The project has already received favorable opinions in committees, especially in the area of elderly protection, which demonstrates growing concern amid the accelerated aging of the population.
How Affective Abandonment Entered the Judiciary’s Radar
Even without a specific law, the topic is already being discussed in doctrine and is beginning to appear in important judicial decisions. The central thesis is that the constitutional principle of dignity of the human person — combined with the duty of family solidarity — provides grounds to recognize abandonment as sufficiently serious conduct to justify exclusion from succession.
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Academic research, theses, legal articles, and expert opinions support that heirs who neglect elderly parents are committing an act of a seriousness similar to that of those who commit serious injury or psychological violence.
In some states, decisions have recognized affective abandonment as a cause for compensation for moral damages, reinforcing the idea that omission may constitute unlawful conduct. It is not exclusion from inheritance, but it is a first step towards broadening the interpretation of what constitutes “serious violation” within the family.
Real Cases That Drive the Debate
In recent years, isolated decisions have expanded the discussion. Some of them recognized that children who abandon sick or dependent parents commit an act of moral violation sufficient to warrant reparation. Although such decisions do not directly address inheritance, they reveal a change in mindset within the Judiciary.
There are also studies arguing that “affectivity,” a term used by part of the doctrine, should be recognized as a legal value. The argument is simple: if the duty of care is constitutional, abandonment can be interpreted as a serious breach of that duty, justifying harsher property measures.
The Practical Impact of Such a Change
If Congress approves the PL or if the courts consolidate the interpretation that acknowledges affective abandonment as a hypothesis of indignity, we will see a profound change in Brazilian Inheritance Law:
• negligent heirs could be completely excluded from succession
• families will have to prove cohabitation and care, not just biological ties
• the elderly will have stronger legal protection against the omission of their children
• lawyers will have more tools to pursue disinheritance
• wills could include explicit clauses for exclusion due to abandonment
The change could also reduce situations where children reappear only after the death of their parents to claim assets, even after years without contact or providing assistance.
Criticism, Risks, and Legal Resistance
Despite the advancement of the debate, there are strong criticisms:
• many jurists argue that the causes of indignity should remain taxative, without expansions
• including affective abandonment would open the door for emotional disputes to be brought into inheritance cases
• the subjectivity of affection would make it difficult to establish clear legal criteria
• the rise in family judicialization could lead to even more conflicts
On the other hand, proponents of the project claim that real life demands an update of the law: people live longer, families are smaller, and affective abandonment of the elderly is a growing social problem.
This Is Not Fiction, It Is a Real, Urgent Debate That Can Change the Law for Brazilian Families
Affective abandonment as a cause for exclusion from inheritance has already moved beyond academic circles. It is in Congress, in judicial decisions, in public debates, and it gains strength year after year.
There is still no approved law. But there is a real project, a consolidated legal movement, decisions pointing in this direction, and a country aging without the legal framework keeping pace with the speed of social changes.
If the PL progresses or if the courts adopt a broader interpretation, Brazil will witness one of the most significant transformations in Inheritance Law of the century.
And that means, in practice, that affective abandonment may cease to be merely a moral and emotional issue and start to have a direct impact on family inheritance.
E para os tios e tias sem filhos, como îficaria, já que os sobrinhos e sobrinhas serão os herdeiros ?
O abandono seria só para pais e avós ? E tios (as) solteiros (as) sem filhos como ficaria, já que os sobrinhos (as) serão os herdeiros ?
Tem a outra face da história também, pais que não criam seus filhos , desaparecem e desejam ser cuidados na velhice.