Dignity of the human person and the positioning of the STJ on the succession applicable to marriage cases in the regime of the conventional separation of goods

• Main Authors: Shary Kalinka Ramalho Sanches, Larenn Silva de Oliveira
• Format: Article
• Language: Portuguese
• Published: Instituto Carlos Alexandre Moraes - ICAM 2018-12-01
• Series: Revista de Constitucionalização do Direito Brasileiro
• Online Access: http://revistareconto.com.br/index.php/Reconto/article/view/66

The present work has the objective of analyzing the position of the Superior Court of Justice in relation to the succession in cases in which the property regime adopted in the marriage is that of the conventional separation. Initially, the work turns to the origin of the right of succession, which goes back to Roman law, analyzing its evolution until it reaches Brazil. Next, a brief study is made of the succession law, the heirs and the succession rules applicable to the different types of marriage. Finally, it deals with the rule for the succession of the surviving spouse when married in the regime of total separation, analyzing the divergences and position of the Superior Court of Justice. This research is justifiable in the fact that there was a change in the STJ's understanding in a short period of time, with the ministers diverging in their positions, it being clear that the matter is still controversial in this Court. The research method used is the qualitative approach, in that it analyzes the votes of ministers of the STJ to understand the theoretical reasoning in the decisions. The sources of information are the doctrine, the Federal Constitution of 1988 and the Civil Code of 2002, also, recent judgments on the subject of the STJ (Special Appeal No. 992.749 - MS / 2010; Special Appeal No. 1,472,945 - RJ / 2014 and Special appeal nº 1.382.170 - SP / 2015).