A sucessão na união estável.

Abstract

In order to expose considerations about the differences between the inheritance rights of companions and inheritance rights of spouses in the legal system, this brings scientific research as a theme approach on the Succession in the Union Stable. To fulfill that purpose initially explain to institutes of succession? How do the transfer of rights after the death in the legal system and the stable, by way of contracting family be protected by the State of which leads respectively relations of partnership and that the inheritance rights of its participants. The inheritance rights of spouses and companions passed through a legislative developments, where the rights of spouses to happen sooner were won well as those of partners, on grounds that the union remained stable for a long time on the fringes of society. With the advent of the Federal Constitution of 1988 the Brazilian family has suffered major changes, as this to recognize the union as a stable family was an opportunity to ordinary legislature to draft laws assimilating the rights of inheritance rights of fellow comrades, but was not what happened in the field of law of succession, since the legislation is infraconstitucional several differences on this subject, and these are misplaced, since they injure the constitutional precepts, such as the principle of human dignity and parity. To do so, it has developed a study ordered in order to demonstrate the differences between the effects of inheritance spouses to the detriment of companions, according to the methods exegetico legal and bibliographic, which led the search to a general approach of legal institutions involving the object of our study, for only then, with the knowledge acquired, joining analysis of the subject further. Thus, the study contributed to the new thinking on controversial issues, pointing understanding of the current doctrine.