A sucessão na união estável com filiação híbrida.

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.