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For a father and a mother there are never stones to raise and defend their children, said the magistrate, when declaring the man unworthy of succession.

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Monday, August 26, 2024

 

Updated at 12:34

 

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In the Federal District, a father named José was excluded from the inheritance of assets left by his daughter, due to unworthiness. The decision was based on evidence of material and emotional abandonment by the father during the life of his daughter, who had a disability. 

 

In a ruling in which he emphasized the responsibilities of the father figure, substitute judge Manuel Eduardo Pedroso Barros, of the 1st Civil Court of /DF, noted the curious coincidence that the defendant's name refers to one of the greatest novelists in Brazilian literature, and quoted Drummond to say that, despite the obstacles in the way, " for a father and a mother there are never obstacles to raising and defending their children ."

 

Although this magistrate, like Carlos Drummond de Andrade, recognizes that there was a stone in the middle of the path; there was a stone in the middle of the path; There was a stone ; I understand that, for a father and a mother there are never stones in raising and defending their children. There are no obstacles that cannot be overcome. Being a father is a mission; it is not mere reproduction. Being a father is giving love, affection and protection; being a loyal friend at the right time and severe with gentleness when necessary.

 

For the judge, the deceased's father did not fulfill his parental obligations, neglecting the care and assistance of his daughter, and should be declared unworthy for the purposes of succession to the assets left by her.

 

Father who neglected to care for disabled daughter is excluded from inheritance. 

The action for exclusion of an heir due to unworthiness was brought by the deceased's brother. He alleged that his father divorced his mother in 1988 and never provided the necessary assistance to his daughter, either materially or emotionally; he did not accompany her to medical appointments or help with medication. His absence lasted for four decades.

 

The brother and his mother acquired a property from the Social Interest Housing Society, as well as a vehicle with a taxi license. After the death of the mother, and later of the sister, the father sought his share of the assets.

 

The judge, upon analyzing the evidence, understood that the defendant's conduct constituted an unworthy act, justifying the exclusion of the inheritance. He noted that, although the majority of the doctrine understands that art. 1.814 of the  Civil Code does not admit extensive interpretation, and that therefore material and emotional abandonment should not be grounds for unworthy acts, he stated that he would never admit the application of the law to justify an unjust situation.  It is up to the judge, in the face of such an occurrence, to set aside the law and do justice. The judge is not the mouthpiece of the law.

 

Do not fight, Mr. José, over the inheritance of a daughter you did not raise; do not fight over a share of a home you did not inhabit; do not fight over a love you did not sow; do not fight!

 

He highlighted that, despite the inclusion of some photos from festive occasions,  the  evidence is strong in the sense that the defendant was an absent father in the forty years that passed.

 

The absence of a living father is certainly worse than the absence of a father who has already passed away. These are difficult marks to overcome, perhaps on both sides. One because of regret (when there is any); the other because of the marks that life has left.

 

By basing his decision on the theory of conglomerate typicality and on precedents from the STJ, the judge declared  the man unworthy to inherit the assets left by his daughter, and he was ordered to pay legal costs and attorney fees.

 

Case : 0716392-43.2021.8.07.0009

 

link: https://www.migalhas.com.br/quentes/413929/juiz-cita-drummond-e-exclui-pai-ausente-de-heranca-de-filha-deficiente