O regime da indignidade sucessória: uma reforma do artigo 1.814 do Código Civil de 2002

Abstract

Inheritance Law is a branch of Civil Law that governs the transfer of the deceased's assets to the heirs, whether by virtue of law or will. However, in some cases, the legal system provides for the exclusion of the inheritance of heirs and legatees, through succession unworthiness, which is provided for in article 1.814 of the 2002 Civil Code. domestic and family violence, affective abandonment and crimes committed by people who have a close affective-family bond or affinity with the deceased, who, with the intention or not of anticipating their inheritance, offend the physical, emotional integrity with their conduct psychological and psychological aspects of the family member, and continue to be benefited through property succession, directly or indirectly. Therefore, the present work has the purpose of proposing the reform of that article, as well as the inclusion of the declaration of unworthiness in the condemnatory criminal sentences as an accessory penalty. Thus, although possible, it will not be strictly necessary to file a Declaratory Action of Indignity for such a declaration and the gaps and inefficiencies of the institute will be, in part, remedied.