Discussões acerva da possibilidade de configuração do direito à representação nos casos de comoriência à luz do direito sucessório.

Abstract

The present work aims to carry out an analysis of the succession relations in the legal system with a special focus on the problem of the absence of the right of representation in cases in which comorience is decreed. The investigation is justified by the divergence existing between a considerable part of the doctrine and between jurisprudential positions, given that the legality of the current interpretation of the legislation is defended, in the sense of abolishing the succession bond in situations of simultaneous death, making it impossible to exercise the right of representation inherent to the heirs. Therefore, the general objective of this study was to diagnose the legal mechanisms that underlie the prohibition on exercising the right of representation in cases where comorience is decreed, as well as the possibility of it being removed, allowing the exercise of that right to representation by heirs. The present research is a review of narrative literature, of exploratory character. Thus, the methodology developed was based in the methods of qualitative and inductive approach. In addition, the research techniques employed were bibliographic research and document analysis. With regard to the materials consulted, the bibliography, composed of periodicals and scientific articles, books, legal doctrines and jurisprudential menus, was selected subjectively and not exhaustively, on the other hand, a fundamental part of the national legislation on the subject of the present study was examined. Indeed, it could be seen that in the succession legislation there is no clear prohibition on the possibility of exercising the right to representation in cases of comorience. In conclusion, in the specific circumstances addressed, this doctrinaire option is responsible for numerous injustices, since it is impossible for heirs to exercise their right to represent.