O IMPACTO DA INCONSTITUCIONALIDADE DO ARTIGO 1.790 DO CÓDIGO CIVIL NA IGUALDADE SUCESSÓRIA NA UNIÃO ESTÁVEL

Abstract

Considering social transformations and advances in the field of Family Law, this work was dedicated to investigating succession in stable unions, with special emphasis on the unconstitutionality of article 1,790 of the Civil Code of 2002. This legal provision establishes distinctions between succession regimes applicable to spouses and partners, and is therefore considered incompatible with the constitutional principles of equality and human dignity, as recognized by the Federal Supreme Court. This finding highlighted the failures of current legislation in ensuring adequate protection for cohabitants, who often find themselves in vulnerable situations in relation to inheritance rights. To achieve the proposed objectives, the research adopts a documentary methodology, covering the critical analysis of doctrinal works, scientific articles published in periodicals specialized in Civil Law, in addition to consulting the Civil Code of 1916 and 2002, as well as the Federal Constitution of 1988 This methodological approach will enable an in-depth understanding of the gaps that exist in the contemporary legal system and the challenges faced by partners due to current legislation. With the declaration of unconstitutionality, accepted, a historic reparation emerged, equating the partner, previously denied before the Brazilian court, with equal inheritance treatment to the legitimate partner.