MEDEIROS, M. M.; MEDEIROS, Mércia Maia.
Resumo:
As intention of exposing considerations concerning the existent differences among the
spouses' rights and the companions in the rights of succeeding in the legal system. This
scientific research brings (as theme) an approach on: "The disparities in the rights of
succeeding between the spouses and the companions in the Brazilian juridical system". To
accomplish this, the institutes of marriage and stable union are explained initially, for being
the forms of family entities protected by the State, which originate the matrimonial relations
chips and partnership respectively, and from these one the participants' rights of succeeding,
as well as the institute of the succession to be understand as the transmission of the rights is
made after the death in the juridical system. The spouses' and the companions
Sights of succeeding went by a legislative evolution, where the spouses' rights of succeeding
were conquered much earlier than the one of the companions' ones, in reason that the stable
union stayed to the margin of the society for a long time. With the advent of the Federal
Constitution of 1988, the Brazilian family suffered great modifications. This one gave
opportunity for the ordinary legislator elaborate laws comparing the spouses and the
companions rights when it recognize the stable union as family entity, but (there were) no
changes in the right of succeeding because there are several differences concerning this matter
in the infraconstitucional legislation and they are improper and they hurt the constitutional
precepts, such as the principles of human person's dignity and the equality of rights. Then we
develop an orderly study, in the sense of demonstrating the existent disparities among the
spouses' effects of succeeding to the detriment of the companions ones, applying the juridical
exegesis and bibliographical methods in approach of the juridical institutes that implicate in
our study object. After that, with the acquired knowledge, we into the detailed analysis of the
theme. The adduced reflection has juridical grounding and it reveals as a result that the
spouses' right prevails over the companions' rights in succession a lot. So that this study
contributed to new reflections on the controversial subjects, pointing to the understanding of
the current doctrine.