Direito sucessório: da herança sem herdeiro legítimo

Abstract

This article aims to understand in the legal literature the aspects of Succession Law in the transaction of guaranteeing the inheritance without a legitimate heir by the Brazilian Public Administration. And, in a specific way, describe the historical process of inheritance succession in Brazil; analyze the definition of inherent inheritance; identify vacant inheritance criteria; and present the phases between the two inheritances. The methodology adopted was bibliographic research based on books, scientific articles and Brazilian legislation. Thus, it is concluded that when he does not find the heir, or even he gives up, the inheritance goes from lying to vacant, however, even after the sentence that promotes vacancy is established, it is still possible for one of the legal heirs to claim it, provided that five years have not passed since the opening of the succession. Therefore, the legislation adopts the statement that after this period, the sentence becomes final for the public authorities.