Aspectos polêmicos do direito sucessório do companheiro e seus reflexos jurídicos.

Abstract

The scientific research destines it a boarding regarding the successory right of the friend, detaching the unjust treatment given for the Brazilian civil legislator to prescribed the patrimonial relations of the institute of the steady, relative union to the dissolution of the affective bond in reason of the death of one of the friends. By means of the job of the methods exegetico-legal and the description-evolutivo one searchs to engrandecer the legal reasoning regarding the subject, through a theoretical and legal recital that justifies the constatacao of the necessity of a more beneficial and less atrocious solution the situation of convivente surviving in the current legal system. Considering that, the legal order search to recepcionar all the classrooms of possible heirs, in view of, the consecration of determined principles constitutional, as the equality and the dignity human being, observes one total discrepancy to the evidenced being that the elaborator of the law conferred differentiated treatment concernente to the right of inheritance of accompanying the face the advantages attributed to the spouse, thus characterizing, an obstacle the joust application of the law. It is in this diapasao that will be boarded initially the historical evolution and the definition of the succession, as well as the distinction between joint property and inheritance. It is observed evolution of the institute of the steady union and estimated its as indispensable elements to its recognition as constituidora of legitimate family, under the protection of the State. It is Important to verify that even so the legislator if has worried in prescribed such institute, being erected it it category of familiar entity, did not make it perfectly, a time that was obscure and inexact in the related norms it, causing divergent atinentes interpretations, whose challenge if makes in the direction of complementing the omission and legal confusion. It is distinguished current position of the friend in the successory right of comparative form with the one of the spouse, as well as the possibility of competition with the excessively inheriting sucessiveis, being, for, in such a way necessary a evolutivo panorama of the successory right of the friend. Finally, it will be observed the recent doctrinal positionings and critical of studious that they support the necessity of if deciding this impasse juridicamente, preventing itself erroneas interpretations with consequent damage to that, curiously, it has its equality guaranteed in law.