A sucessão causa mortis na união estável: uma crítica ao art. 1790 do código civil

Abstract

This research assumed the purpose of discussing the succession cause of death that operates between the participants in free unions. The 1988 Constitution explicitly recognizes the stable as a family deserving of special protection by the State, yet the current Civil Code provides unequal treatment inheritance to spouses and partners. Due to the disparity between the inheritance of spouses and partners, they tend to experience noticeable loss when asked to run for the succession of those with whom they shared life. Because of the large number of Brazilians who experience peer relationships becomes interesting to study the succession of the prerogatives of his companions, in a comparative analysis with the necessary treatment of spouses. The present study indicates that the modern doctrine and jurisprudence, in general, have concluded the need for removal of the constitutional legislation that insists on establishing a stable relationship between the hierarchy and marriage. These results emphasize the need for a comprehensive legislative reform and adequate, so that the disparities between the inheritance rights of spouses and partners can be eliminated.