Reflexos da Emenda Constitucional nº 66/2010 na capacidade sucessória do cônjuge separado de fato.

Abstract

This paper discusses the effects of Constitutional Amendment No. 66/2010 on the succession of the de facto separated spouse, which leads us to the discussion, within Family Law, about the contours of de pratice separation and, within Inheritance Law, as far as the superstitious spouse (who nourished union with the then deceased other than the legally attested civil marriage) was inherited, even though, at the time of the other party's death, they were no longer together. The aim of this scientific research is to narrow down this somewhat controversial issue, as there is a conflict between the legislation on the subject, which is the Civil Code, and the Constitutional Amendment of divorce, which is also in vogue and holds sovereignty over the hierarchy of the Brazilian legal system. As for methodology, the method of approach is the deductive, the method of procedure is the monographic and the hermeneutic and the research technique is the bibliographic and documentary. To achieve the proposed objective, it will initially address general aspects of Succession, which is the core of the theme, then addressing the dissolution of the marital relationship, from the historical process that culminated in the institutes known to decree the end of marriage to the earliest. new considerations of the legislator in this respect, until it reaches the possibility of losing the quality of successor of the separated de facto, which houses the heart of this research, bringing the Law closer to the factual reality, effectively contributing to social peace in the collective life.