A proteção dos direitos do nascituro no ordenamento jurídico brasileiro: legislação e jurisprudência

Abstract

The present work aims to seek a concept of unborn child, with the purpose of outlining the studied theme and understanding the rights of the unborn child from the theories about life in the Brazilian legal system. Bring the discussions made by the natalist, conditional and conceptionist theories about the beginning of legal personality, in order to identify the status currently assumed by the unborn in the Brazilian legal system. It is based on the historical overcoming of the concept of legal personality strictly as synonymous with the concept of legal capacity and condition to become a subject of law, adding to its meaning, from the 1988 Constitution, the sense of ethical value emanating from the principle of the Dignity of the Human Person. It also analyzes the stj jurisprudence that recognizes the unborn as subjects of law. The work also analyzes the theme “Pregnancy Foods: A great advance in the protection of the unborn child. It also registers the legal causes that give rise to the maintenance obligation and points out the main historical moments that influenced the institute of the maintenance obligation, highlighting the most relevant characteristics that exist until the present day. The starting point of life directly influences the theory of the civil personality of man, since it is from this moment on that all the prerogatives inherent to the human being must be guaranteed. The unborn child has a relevant importance nowadays, with infraconstitutional legislators, since it is constantly subject to protective measures. Approaching, then, a set of preliminary and basic elements, inherent to the theme, the research was directed in the sense that the unborn child is not a mere possessor of potential rights, which does not have a mere expectation of a right, but is a being possessor of rights. Effective rights and that the Law of Gravidic Food, came to ratify and give even more prestige to the conceptionist theory of the civil personality.