A equiparação do regime sucessório atribuído ao casamento para a união estável à luz da atual jurisprudência do STF

Abstract

The present research approaches the declaration of unconstitutionality of the art. 1.790 of 2002 Civil Code by the Supreme Federal Court and the possible future effects. From the beginning, it is making an analysis of legislative advances about the stable union’s inheritance rights whereby it will be search if the Civil Code represented or not a social regression. Afterwards, it is making a study about the scholar’s understandings pro and cons the unconstitutionality declaration of the article 1.790 of 2002 Civil Code, as well about the divergent decisions delivered by state courts. Finally, it is analyzing the issues that was not pacified after the Supreme decisions, searching in the thesis uttered by the court a resolution for these problems. In conclusion, should be assigned equal rights between stable union and marriage, because the Supreme Federal Court’s thesis was about being unconstitutional any divergency between the inheritance regime on both institutes.