Abstract:
This paper analyzes the complex issue of compensation for pregnancy foods. The
establishment of these foods, based on signs of paternity, does not require prior DNA
testing. However, the denial of paternity after the provision of maintenance raises the
question of the possibility of compensation from the alleged father. Law No.
11,804/2008, in its original wording, established the objective responsibility of the
pregnant woman in these cases, but this provision was revoked. Currently,
compensation is only granted in exceptional situations, when the mother’s bad faith is
proven. This restriction generates debates about the protection of the rights of the
alleged father, who, in most cases, does not have legal mechanisms to recover
amounts unduly paid.
