Análise do tratamento conferido pelo código civil brasileiro de 2002 quanto a sucessão entre companheiros em face do principio da isonomia.

Abstract

A common-law marriage is a legal relationship that is about their peculiarities currently regulated in the set of legal rules is the current Civil Code, having great impact on social relations, property and succession. However, as to the succession, adopted the legislator current stance discriminatory to limit the participation of his or her companion only to the succession of property acquired against payment in stable constancy, getting these out, although there is no successor heir, the succession property acquired before the stable of the constitution, either onerous or free, or available free of charge during the stable, and has not established his companions the condition necessary heirs, and also allowed competition with collaterals, situations such that not occur if married companions were. It also has not established a minimum share in succession between cohabitants. Given the above, the present objective is to work to correct these historical injustices through the Civil Code modification 2002 or their interpretation as to the succession between partners, to achieve equality, justice, and the guiding principles of law. Thus, this paper addresses the unequal inheritance treatment offered by the Civil Code for the companions. There is a demonstration of the foundations of family entities, converging with the issue of succession between companions. The scientific method of employee approach to this work is the hypothetical-deductive method, and the research technique is indirect, whose trajectory to reach the proposed goals is the literature, making use also of the historical and comparative procedure method. Finally, there is verified that the succession treatment for companions by Brazilian Civil Code is discriminatory and should the current civil regulations on the subject to be modified to harmonize with the legal and social principles in force.