Da capacidade sucessória da prole adotiva eventual à luz do artigo 1.799, l, do código civil brasileiro de 2002

Abstract

This explanation brings up to the scene a subject that, despite has been already touched by the brazilian constituent of 1988, keeps raising great and endless discussions in the Law enviroment. Then, it is asked about the possiblity of apllying the exceptive norm brought to us by art. 1.799, I of the current Brazilian Civil Code - which gives legitimation for unconcept sons to succeed - to benefy adoptive children. In this way, we intend to demonstrate, along this simple and objective reseach, the complete efficacy of the legal article told above into that ones normally called civil childs. We'll also show the inviability of the contrary thesis, due to its incompatibility with our Constitution. This investigation conducts to many conclusions, mainly to the modern tendency, influenced exactly by our current Constitution, of equalizing any kinds of sons, independently of their orign, differently from the thinking once defended by great names of the brazilian Law. Then, the modern authors changes the former scenery, extending the right we discuss to the adoptive children. Then, we suppose that this research developed along this work can be inserted in a doctrinaire context of afirmation of the equalizing treatment given to the sons with the promulgation of the Constitution of 1988, to which text our New Civil Code needs to be adapted. Eventually, this short article intends to contribute to the enlargment of this polemic and interisting subject, that remains pratically untouched not only inside academic and doctrinaire levels, but mainly inside our courts, which lacks of decisions that have faced, directely, the temathic here presented.