O termo inicial da prescrição da petição de herança: decisões do STJ e posicionamento doutrinário

Abstract

The inheritance petition is a procedural instrument that enables the realization of the right to inheritance provided for in Article 5, item XXX of the Federal Constitution. In this context, this paper aims to discover how the STJ judges the beginning of the initial term of the prescriptive term to file this action to heirs who had their paternity declaration recognized after the death of the deceased. This analysis proves to be very relevant, since once the term has elapsed, the right to patrimonial restitution is lost. Finally, the doctrinal position on the subject was analyzed and a comment was made on the repetitive theme 1200 of the STJ that should pacify the understanding of the Judiciary, determining that the prescriptive term should start from the opening of the succession, through a bibliographic review.