The universe of Reborn babies Hyper-realistic dolls who mimic real children have gained prominence on social networks and, more recently, reached the courts. What has begun as a cultural and emotional phenomenon now generates conflicts that raise complex issues for law.
One of the cases that gained notoriety involves a couple who, after the end of the relationship, began to compete in “Guard” of a reborn doll. According to the lawyer and influencer Suzana Ferreira, sought by the client in question, the impasse goes beyond the possession of the object, including the regulation of “Coexistence” with the doll (referred to as “Reborn daughter”), the division of costs with the doll and its layette, and the dispute for the administration of baby Reborn profiles on social networks .
Suzana Ferreira stressed that this is not an online joke, but “Real Demands” that reflect the “madness of society” and directly impact the legal profession. The profile of the doll on social networks is seen as a “Digital Asset Currently” because it generates engagement, advertising and profits.
“The baby’s Instagram should be of the two people. The account is a digital asset today, so it can also be considered as heritage,” said Suzana.
Legal perspective
Despite the affective attachment that tutors develop through these dolls, the center of legal analysis lies in another issue of Baby Reborn. For experts, the fundamental difference between disputes involving children, animals and Reborn dolls is the legal nature .
Children are “Human beings with legal personality, subjects of law” protected by the Federal Constitution and the Child and Adolescent Statute (ECA), where all guarantees revolve around the “Better interest of the child” .
Animals, although the current Civil Code still treats them as “Property good” have had affective bond with tutors increasingly recognized by the judiciary. Courts, including the Superor Court of Justice, have admitted decisions that regulate coexistence through shared guard .
Specific case
The report of CNN He talked to experts who evaluate the scenario and point out what kind of approach justice can – or cannot – adopt these disputes.
In the expert’s view, Baby Reborn is a object . He has no personality, has no life and “It has no law” . Vanessa Paiva, a family law expert, emphasizes that the doll “It’s not real and it has no real needs.”
“He doesn’t feed, he doesn’t go to a little school, he doesn’t lose clothes, he doesn’t get the diaper dirty.”
Given this legal nature, experts are emphatic: it is legally impossible talk about guard in the traditional sense for babies Reborn.
According to Kevin Sousa, a legal lawyer, from a legal point of view, there is no technical possibility for other issues such as alimony, because the alimony is intended to meet the need for a person who cannot be sustained, a premise that does not apply to a doll.
“There is, in my view, how legally we speak of guard, pension in the traditional sense“Says Kevin.
Tatiana Naumann, a family law specialist, corroborates this current.
“I understand that this is a legally impossible request while dolls are not subject to law. There is no way to equate, for example, with pets, in fact subjects of law and are being considered by court in cases of custody,” says Naumann.
Focus on heritage and possession
Despite the impossibility of applying traditional concepts of family law such as custody and pension, the judiciary is being called to deal with these conflicts. Experts suggest that the performance of justice requires “A lot of caution” .
“The legal approach should be within the “LEGAL LIMITS” treating the situation as the dispute for a very indivisible ”, says Kevin, mentioning the possibility of establishing a “Volunteer condominium of this mobile good” .
In addition to the legal sphere, cases involving Reborn babies also highlight social and psychological issues. Experts recognize that there is a “Affective attachment that must be respected” by the tutors.
For Vanessa Paiva, cases like this, involving an inanimate being, could have a priority service “Psychological and social” . She evaluates that these situations may reflect questions from “Sanity” in challenging times.
“The judiciary can’t be a comforting machine, a doll dispute,” says Paiva.
Bills in response to controversy
In parallel to court disputes, the repercussion of the cases of use of babies Reborn in public spaces and for benefits led to the presentation of Three Bills in the National Congress.
The proposal aims to create restrictions on the use of these dolls, prohibit Its use to obtain benefits such as health care (public or private) or preferred lines.
Some pls seek to typify how administrative infraction The simulation of the presence of a child with advantages, predicting fines that may vary from five to 20 minimum wages.
This content was originally published in Reborn babies: experts evaluate guard and rights disputes on CNN Brazil.
Source: CNN Brasil
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