A legitimidade do Ministério Público na propositura da ação declaratória de exclusão por indignidade.

Abstract

When dealing with the exclusion of unworthy heir, the Civil Code of 2002, unlike the Civil Code of 1916, did not mention, explicitly, that the indignity of a declaratory action must be filed by persons having an interest in the succession, dismissing doubts about the admissibility of the Ministry in bringing this public demand. After the legal and social developments, the prosecutor began to occupy increasingly prominent place in the state organization and is considered an agent on behalf of national interests. It is up to prosecutors to defend the juridical order, the democratic regime, the rights and guarantees of every citizen and the other interests of the whole community and should ensure the proper discharge of the constitutional text. In this aspect, is that it highlights the role of prosecutor, and its legitimacy, as the bringing of a judicial order for the exclusion of unworthy successor. By employing the method of hypothetical-deductive approach, the methods of comparative and historical procedure, and research techniques with indirect use of documentation based on the examination of documents and literature, the study seeks to analyze the motives that determine the legitimacy of the prosecutor in bringing the declaratory action of unworthiness, bringing to reflect the major changes implemented by the current Civil Code and its impact on Brazilian legal system. To do so, it will proceed to investigate the legal and institutional structure of the prosecutors and his constitutional prerogatives, the understanding of general aspects of succession and the Institute of unworthiness and analysis of the discussions about the possibility of acting or not the ministry public in bringing the declaratory action exclusion indignity. Thus, it becomes apparent that the face of this omission in the current Civil Code, you can admit the legitimacy of the ad cause prosecutors for bringing the declaratory action by indignity of exclusion, aiming at the exclusion of unworthy heir or legatee, not only because the ministerial body to be the guardian of the law, but also because there is social and public interest to prevent the successor denatured receive benefit, taking advantage of the fortune left by his victim.