União estável no ordenamento jurídico brasileiro: a relevância do princípio da igualdade entre cônjuges e companheiros

Abstract

In view of the transformations that have occurred in the law in recent times and the new forms of family that have emerged, based on the principles of equality and human dignity, as well as on the protection brought by the Federal Constitution to all types of family entity, the main objective of this work is to understand the institute of inheritance taking into account the condition of the partner with regard to the legitimacy to succeed,  and, more specifically, the decision of the Federal Supreme Court on the declaration of unconstitutionality of Article 1,790 of the Civil Code, which sought to equate the inheritance rights of the partner with the rights that the spouse has. However, it also seeks to show that the difference between such institutes in the scope of family law does not change, despite the equivalence in succession law. For this, we used theoretical-bibliographic and documentary research, of an explanatory nature, through the study of specific doctrine, as well as legislation on the subject. In addition, the main results were obtained a greater understanding of Brazilian inheritance law, especially the rights conferred on the partner, as well as a greater explanation about the changes that occurred in the institute of inheritance. Thus, the study on the subject in question provided a better view of inheritance rights in general, and also of the changes resulting from decisions that, with the evolution of society, proved to be necessary.