A sucessão dos padres diocesanos: uma análise jurídica dos Direitos nos casos dos filhos de padres gerados com a quebra do celibato.

Abstract

The succession of diocesan priests is a topic that is still little explored within the scope of inheritance law. This work analyzed the effectiveness of applying succession law in the case of children of diocesan priests, in order to determine whether the priest's assets were being assured to his descendants or whether they would be destined for the Catholic Church, as well as examining which coding would be applied in these cases, namely, the Civil Code of 2002 or the Code of Canon Law of 1983. In the first chapter, the concepts and distinctions between priests were presented: diocesan and religious. Those, also called clerics, are part of a diocese, and their succession must follow the provisions of the Civil Code, as Canon Law has not regulated the issue involving inheritance. of them, so both legitimate succession and testamentary succession can be applied. Religious people, who in most cases are part of a congregation or religious order, must observe testamentary succession, as stipulated in the Code of Canon Law. Furthermore, in the second chapter, the fundamental principles governing inheritance law were presented, which served as to guide the main aspects regarding the transmission of an individual’s assets. Therefore, in the third chapter, we also sought to verify the Vatican's position regarding the rights of minors and vulnerable people, including the children of priests who are, in most cases, anonymous. Finally, the specific nuances that involve the succession of the priests' assets, affecting their offspring. To analyze the specific case within the priestly group, the research used the comparative method, using bibliographic and documentary research techniques as the main data collection and analysis tools. At the end of the work, the hypothesis was denied, since the children of diocesan priests have their right Inheritance is assured in accordance with the provisions set out in the national legal system, with only proof of parentage remaining.