PAULA, D. B. E.; Paula, Dyego Berhthony Estrela de.
Résumé:
The present work aims to carry out an analysis of the succession relations in the
legal system with a special focus on the problem of the absence of the right of
representation in cases in which comorience is decreed. The investigation is justified
by the divergence existing between a considerable part of the doctrine and between
jurisprudential positions, given that the legality of the current interpretation of the
legislation is defended, in the sense of abolishing the succession bond in situations
of simultaneous death, making it impossible to exercise the right of representation
inherent to the heirs. Therefore, the general objective of this study was to diagnose
the legal mechanisms that underlie the prohibition on exercising the right of
representation in cases where comorience is decreed, as well as the possibility of it
being removed, allowing the exercise of that right to representation by heirs. The
present research is a review of narrative literature, of exploratory character. Thus, the
methodology developed was based in the methods of qualitative and inductive
approach. In addition, the research techniques employed were bibliographic research
and document analysis. With regard to the materials consulted, the bibliography,
composed of periodicals and scientific articles, books, legal doctrines and
jurisprudential menus, was selected subjectively and not exhaustively, on the other
hand, a fundamental part of the national legislation on the subject of the present
study was examined. Indeed, it could be seen that in the succession legislation there
is no clear prohibition on the possibility of exercising the right to representation in
cases of comorience. In conclusion, in the specific circumstances addressed, this
doctrinaire option is responsible for numerous injustices, since it is impossible for
heirs to exercise their right to represent.
