Aspectos diferenciais entre os direitos sucessórios dos cônjuges e os dos companheiros no ordenamento jurídico brasileiro.

Abstract

As intention of exposing considerations concerning the existent differences among the spouses' rights and the companions in the rights of succeeding in the legal system. This scientific research brings (as theme) an approach on: "The disparities in the rights of succeeding between the spouses and the companions in the Brazilian juridical system". To accomplish this, the institutes of marriage and stable union are explained initially, for being the forms of family entities protected by the State, which originate the matrimonial relations chips and partnership respectively, and from these one the participants' rights of succeeding, as well as the institute of the succession to be understand as the transmission of the rights is made after the death in the juridical system. The spouses' and the companions Sights of succeeding went by a legislative evolution, where the spouses' rights of succeeding were conquered much earlier than the one of the companions' ones, in reason that the stable union stayed to the margin of the society for a long time. With the advent of the Federal Constitution of 1988, the Brazilian family suffered great modifications. This one gave opportunity for the ordinary legislator elaborate laws comparing the spouses and the companions rights when it recognize the stable union as family entity, but (there were) no changes in the right of succeeding because there are several differences concerning this matter in the infraconstitucional legislation and they are improper and they hurt the constitutional precepts, such as the principles of human person's dignity and the equality of rights. Then we develop an orderly study, in the sense of demonstrating the existent disparities among the spouses' effects of succeeding to the detriment of the companions ones, applying the juridical exegesis and bibliographical methods in approach of the juridical institutes that implicate in our study object. After that, with the acquired knowledge, we into the detailed analysis of the theme. The adduced reflection has juridical grounding and it reveals as a result that the spouses' right prevails over the companions' rights in succession a lot. So that this study contributed to new reflections on the controversial subjects, pointing to the understanding of the current doctrine.