FREIRES, M. A.; http://lattes.cnpq.br/3042603528131569; FREIRES, Márcia de Almeida.
Resumo:
With the advent of the Federal Constitution of 1988, the Democratic State of Law was established,
founded on a guarantor stance based on the dignity of the human person, freedom
and equality between citizens, principles that are of fundamental importance for the
construction of a fair society without prejudice among its individuals. The new order
constitutional brought about transformations in all Brazilian legislation. Such innovations
reflected in the Civil Code of 2002, however, Article 1,641, II, of the aforementioned diploma, by imposing
the obligation of the property separation regime for spouses over the age of seventy has
provoked intense discussions in the doctrinal and jurisprudential spheres, questioning the
constitutionality of such a norm. On the one hand, the rule would be unconstitutional because it violates the
principle of equality, of the dignity of the human person, also violating the autonomy
individual of the elderly person. On the other hand, the constitutionality of the device is defended, in
compliance with the protectionist nature regarding the rights and interests of septuagenarians.
In view of the controversy, the present study envisioned an analysis of the aforementioned standard under the
constitutional perspective. To this end, the deductive method was used, starting from a
general approach to the specific theme outlined, also using the procedure
bibliographic and documentary as a technique to guide this research.