A união estável e seus aspectos sucessórios.

Abstract

The increase of the number of steady unions has been a constant concern of the legal system, with respect to the legalization of the successor)' effect that fall again on the friends, when of the dissolution of the affective bond in reason of the death of one of the friends. In truth, the legislator conferred treatment differentiated to the unions in fact, in what he hits upon to the right of inheritance of the accompanying face to the patrimonial privileges attributed to the spouse, what finished for representing an excellent obstacle to the joust application of the law. This because, i f the Federal Constitution truily equalized steady union and marriage, recognizing them as apt familiar entities to generate legal effect, did not fit to the Brazilian civil legislator to develop disciplines normative that it opposes clearly the inserted command in the constitutional text. In this meantime, an initial understanding regarding the historical and conceptual evolution of the steady union becomes necessary, make reference to reference the requirements and characters of the same one. Throughout the years, the institute of the fellowship passed for diverse legislative transformations, being essential the analysis of the statutes (8,971/94 Laws N. and N. 9,278/96) that, although innovative in the treatment granted to the friend, they had not occasioned the waited effect to equal it it the spouse. As weel, is understood that the nobility of the disposals of the Laws previously cited was, of certain form, shortened for the entrance in validity of the New Civil Code. This, in turn, retroceded in the conquests of the friends, since he was obscure and inexact when dealing with the successory question in the scope of the unions in fact, giving edge to the eclosion of doctrinal divergences in what it says respect to the applicability and constitutionality of art. 1.790, as well as of the revocation or continuity of the previous legislation to the new Codex. The legal impasse developed by the imprudence of the legislator in carrying through its normative work transmits a climate of legal unreliability capable to create one without number of wrong interpretations related to the figure of the friend, apt to perpetuate the inferiority situation in which i f it finds friends when comparative to the spouse. It has that i f to develop, therefore, legal ways in which are proposals significant alterations in the current successory treatment granted to the steady union, of form that this, finally, it can be in accord with the constitutional device that praises the equality between the familiar entities.