A discriminação do companheiro em relação ao cônjuge no direito sucessório.

Abstract

The cientifica research destines to approach it the right successor/ of the friend, showing the discrimination that the usual legislator makes use in relation to the successor/ rights of the spouses when of the extinguishing of the conjugal relation for the death of one of the friends. The monographic work is called: The discrimination of the friend in relation to the spouse in the successor/ right. By means of the job of the methods exegetico-legal and description-evolutivo, through a theoretical and legal recital, that justifies the necessity of a more beneficial solution for the situation of the surviving friend in the current legal system. When evidencing that the elaborator of the law dealt with differentiated form the hereditary right of accompanying the face the advantages attributed to the spouse, a discrepancy is evidenced front the principles constitutional, as the equality and the dignity human being. It is essential to verify that even so the legislator if has worried in regulating the union steady, raising it it category of familiar entity, however, did not make it of perfect form, a time that was inexact, causing divergent interpretations. It is pointed current successor/ position of the friend and the spouse and the competition with the excessively inheriting sucessiveis. Everything this as the elaborated problematizacao, which is: Exists discrimination of the friend in relation to the spouse in the successor/ right effective front the disposals constitutional? As well as the hypothesis previously elaborated: Yes, observing the new native civil order, is verified that this attributes to the friend survives inferior platform to the one of the spouse in the succession, in contrast of that makes use the Federal Constitution that equalizes the steady union to the familiar entity.