A compreensão de prole eventual no fideicomisso e a observância da última vontade do testador como fator determinante de sua abrangência.

Abstract

The Law of Successions, disciplined in the Brazilian Civil Code, has as one of its institutes the fideicomisso. This is presented as an option destined for the tester to be able to establish as heir the individual not conceived yet at the time of the opening of succession. In other words, it treats about the instituted heir of eventual progeny. It should be aware that the testator may have only half of his property in the hypotheses of the existence of legitimate heirs, since the unavailable part must be guarded. This referred Code provides that any offspring will have to be conceived within two years. So the question arises around the analysis of acceptance of any adopted child as offspring. This study aims to analyze the institution of fideicomisso in accordance with the principle of equality of filiation provided in the Constitution of 1988, and its application in order of the freedom of testing. It has as specific purpose to study the pertinent law about succession rights, to understand the relationship coming from adoption, to determine the scope of freedom of the testator in order to the understanding of the eventual offspring, and enumerate the effects of the fideicomisso on the application of the established restrictions by the testator . To achieve the mentioned objectives, the approach method is used as deductive method, as a method of proceeding a monographic is used, and addressing to the search technique, there is made use of indirect documentation. In this sense, it appears to be necessary to consider the interpretation in doubt of what should prevail, the will of the testator or the established rules by the fideicomisso, tracing up from there, a balance when It treats about the two.