Sucessão na união estável: a proteção legal para os companheiros e a inconstitucionalidade do Artigo 1.790 do Código Civil.

Abstract

The research aims to develop a study about the partner‟s succession rights in a stable union, since family is an instrument for the promotion and development of its members should be taken as a guide to the legal system in succession optics based on the person's successor, from their relationship with the deceased. Therefore, it will make a legal analysis of this new family arrangement, using the deductive method of approach, the evolutionary historic and monographic procedures, and as a research technique, the bibliographic. Front of regulation from an abstract criterion of solidarity, both in the Civil Code of 1916 as in 2002, is approached as a result of such perceptions, marriage and stable union like constituting situations, although different, are not sufficient for them to have differing hereditary tutelages, giving more succession rights to one than to another family, since both ways are families, with special state protection, and family isthe legitimizing social organism to call a person to succession,arising from the duty of solidarity which informs family relationships.