Sucessão na união estável: inadequação quanto ao posicionamento do artigo 1.790 do Código Civil Brasileiro.

Abstract

Family law has undergone great changes after the 1988 Federal Constitution, which in article 226, § 3, the stable union recognized as the family, facilitating its conversion into marriage. The legislature provided an opportunity for many families formed outside the law, deserving the same respect, first recognized only with families by marriage. Subsequent to our Constitution, was enacted Law No. 8.971/94, which has about the right to food and mates of the succession, soon after it was enacted the Law No. 9.278/96, which regulated the § 3 of article 226 of Federal Constitution. Then promulgated the new Civil Code, which brought its own chapter and specific treatment and EU regulations and Stable inheritance rights of his companions, who obtained relevant innovation. However, this work focuses on the controversial issue of Stable Union, in particular the question of succession among the companions, given the enactment of Law No. 10406 of January 10, 2002, in relation to Article 1790, which went against the grain of achievements so far provided to those who have opted for convenience i f formality.