Article 08: GRAVID FOODS AND LAW No. 11804/08

Abstract

On November 5, 2008, Law No. 11,804 was sanctioned. The so-called Law of Gravitational Foods, in force since its publication, disciplines the foods to be paid to pregnant women and the way in which this right will be exercised. Subject to controversy, the law, undoubtedly brings important protection to the mother's rights, both in the viability of the future offspring and in the apportionment of expenses with the alleged father. Pregnancy foods comprise, according to the wording of art. 2 of Law No. 11804/08, "the amounts sufficient to cover the additional expenses of the period of pregnancy and arising therefrom, from conception to delivery, including those referring to special diet, medical and psychological care, complementary examinations, hospitalizations, childbirth , medicines and other essential preventive and therapeutic prescriptions, at the discretion of the physician, as well as others that the judge considers pertinent. " It is not, therefore, a matter of alimony, nor of mere civil responsibility towards the supposed father, but of a hybrid institute, both in the material and procedural aspects, according to the following brief lines.