O regime da separação obrigatória de bens no contexto do divórcio internacional

Abstract

This work has the goal to analyze the problem related to the marital regime of separation of property, in the context of the international divorce that involves elderly people making a comparison among the legal system of Brazil and France. For that, initially, is aimed to understand the obligation of this matrimonial regime for the individuals with the age above 70 years old from the perspective of the Brazilians laws and to check how this matter is treated by the Frenches. Right away, it’s intended to approach the issue of the homologation of the international divorce verdict scrutinizing its requirements and checking your viability, in the case when the spouse with more than 70 years have contracted marriage under the community property. Then, it is sought to study the judge-made law of the Superior Cout of Justice (STJ) concerning the understanding of the public order within the scope of international law and the possible solutions of this matter. For that, this paper has a qualitative approach with the application of pure or theoretical results, a descriptive goal, and a bibliographic technical procedure. In what regards the results, it was verified the imposition of the marital regime of separation of property for people above 70 years old violates the principle of human dignity and the autonomy of the will of this part of society. However, due to the need to fill the requirement of non-violation of the public order, wouldn’t be possible to accomplish the homologation of divorce that would implicate the disposal of the assets of these citizens, considering the express prohibition listed in the 1.641, II article of the Civil Code. Therefore, the resolution of this conflict gives rise to the need of modification of the present Brazilian legislation.