A incostitucionalidade do artigo 1.790 do código civil: suas implicações no direito sucessório

Abstract

In the present work, the hereditary succession of the partner in the Brazilian legal system is analyzed, initially in accordance with the treatment conferred by Laws no. 8,971/1994 and 9,278/1996, then in accordance with article 1,790 of the Civil Code and, finally, by the judgments of the Federal Supreme Court in Extraordinary Appeals No. 878.694-MG and No. 646.721-RS. The subject in question has great social importance, as family protection is constitutionally provided for, and there cannot be differences in the treatment of each family entity that is constituted, as different treatment violates constitutional principles of equality and human dignity. The methodology used in the research was based on Doctrines, Jurisprudence, Articles, Civil Code, and the Federal Constitution. In view of this, in analogy to the decisions of the Supreme Court that equated the inheritance regimes of the spouse and the partner, and based on the idea of equality between the different forms of family formation for all purposes, it is understood, finally, by the total equality between The institutions, therefore, of the patrimonial and succession order have the duty to be the same, with the partner not having collateral, considering himself, equally to the spouse, becoming a necessary heir.

Keywords: Successions; Partner; STF; Unconstitutionality; Heir needed.