VIANA, V. A.; VIANA, Vitória Alves.
Abstract:
In face of variations which comes through the family entity concept in Brazil, the
analysis of the implications of such changes is imperative institute for consistent and
appropriate application of the law. One of the most common means of family
formation is stable union. Despite having been erected to the quality of family entity
by the current Federal Constitution, the Civil Code of 2002 not disciplined the
succession law of the family entities so egalitarian. One of the most controversial
points on the succession of the companions consists in the hypotheses that involve
hybrid affiliation, i.e. when the companion competes with joint children and unilateral
of the deceased. The present work aimed to analyze the applicability of the current
legal treatment given to the surviving partner in cases of hybrid affiliation in the light
of the relevant constitutional principles, as well as sought to examine the best
solutions proposed by doctrine and jurisprudence to supply the legal gap of art.
1.790, CC/02. For the implementation of this research were used the deductive and
comparative methods. In addition, we used the method of monographic procedure
with regard to the delimitation of the topic. The search followed the bibliographic and
academic lineage, using as documentary sources laws, doctrines, articles and case
law. They were listed four theories proposed by the doctrine and applied alternately
by jurisprudence that seek to compensate the omission of legislative and apply the
competition of succession in the stable union in a consistent manner with the
principles and rules of law. It was concluded, finally, by the urgent need for a reform
in the system of succession in order to uproot the Brazilian legal system the ballast of
persistent discrimination between family members and especially supply gaps related
to cases of succession in the stable union with hybrid sonship.
