PREGNANCY FOOD, CIVIL LIABILITY OF THE MOTHER IN BAD FAITH

Abstract

This article aims to discuss pregnancy foods, disciplined by Law 11.804/08 and the civil liability of the mother in bad faith. A brief analysis was made on the historical evolution of the obligation to support, bringing an approach on the food concept. The concept of the unborn child, the beginning of personality, as well as the right of the unborn child to food. Then, it was discussed about the pregnancy maintenance, dealing with ownership, procedural aspects, as well as the review of these foods, the possibility of conversion and their extinction. There was talk about the civil liability of the mother, if she acted with malice or guilt, of moral damage and material. It was said that in Brazilian justice, the necessary requirement for its fixation is to have evidence of paternity, not requiring prior confirmation. The DNA test, which should be done only after the birth of the child, since during pregnancy the procedure is invasive and may cause irreparable damage. Analyzing the article, it is clear how harmful for a person to pay for what they shouldn't and then prove that the mother acted in bad faith.