A abrangência dos efeitos sucessórios do fideicomisso em relação à prole advinda da adoção.

Abstract

Adoption is a formal legal act by which someone gets in your family, as a child, her strange person, creates bonds of paternity and filiation, has irrevocably and extremely personal. Turn is the trust act whereby the settlor gives the trustee, delivery of inheritance or legacy, to be delivered to an eventual offspring called the trustee. Objective is was to examine the institution of adoption and their main features and characteristics, the Institute of trust in the law of succession and their characteristics, as well as to deepen the study of the extent of any offspring in the Trust for coming through adoption before the fundamental rights in private relations, given the new constitutional hermeneutic emphasis on the effectiveness of fundamental rights in private relations, the principle of private autonomy and the doctrinal position regarding the proposed topic. The monograph is structured in three sections, which are divided into subsections, analyzing the extent of the effects of succession to the trust arising from the adoption. The methodology of the survey is hypothetical-deductive method, as there is a central problem and possible solution, also being used literature. The passage of a liberal state to a welfare state that occurred with the promulgation of the constitution of 1988 reflected in the legal sense, since the state began to intervene more in private affairs to ensure that society develops in a more just and equal. Thus it became evident during the study that the offspring can result from the eventual adoption, in line with the principle of equality among children, and can be applied at the Institute of trust for inheritance purposes provided that the testator does not make any exception, due to principle of autonomy.