A Taxatividade da Indignidade no Direito Sucessório

Abstract

Indignity in inheritance law consists of hypotheses listed in the Civil Code that allow the legitimate heir, testamentary or legatee, to be excluded from the succession, under the terms of article 1814 of the Civil Code. However, it is necessary to analyze whether the exhaustive interpretation of this article is capable of ensuring the honor of the author of the inheritance. Thus, the present monograph aims to examine the hypotheses of exclusion from succession due to unworthiness, bringing the current jurisprudence of the Brazilian courts, in the case of qualitative research, carried out by a deductive method based on a technical procedure for verifying the survey of bibliographies already existing on the topic. Thus, the weighting begins with its origin in history, bringing the evolution of the approach to indignity around the world. Then, the Brazilian definition of unworthiness in inheritance law is discussed, listing its applicable and non-applicable hypotheses. Subsequently, a comparison of the institutes of indignity and succession is made, verifying their similarities and differences. We then proceed to discuss how the process of knowledge of unworthiness is carried out. Soon after, a comparison is made with the Brazilian succession unworthiness in relation to other countries. Finally, we move on to dealing with the rehabilitation of the unworthy. In this sense, it concludes with the understanding that the Courts are obliged to make the application of the indignity in an exhaustive way, leaving many cases without the proper resolution.