DA SUCESSÃO LEGÍTIMA DO COMPANHEIRO APÓS A DECLARAÇÃO DE INCONSTITUCIONALIDADE DO ARTIGO 1.790 DO CÓDIGO CIVIL BRASILEIRO.

Abstract

The family entity has been present in our society since antiquity; and, having evolved over the decades, the legal system sought to regulate this conviviality. The fact is that the stable union is recent compared to marriage. In May 2017, the Federal Supreme Court, in terms of inheritance law, considered that article 1790 of the Civil Code of 2002 was unconstitutional, establishing a thesis of general repercussion (items 498 and 809), in the sense of being applied the article 1829 of the same infraconstitutional law, to the partner during the succession. In this work, we intend to demonstrate the reasons that led the Brazilian Supreme Court to this understanding, to demonstrate the consequences of this equation between partners and spouses; as well as examine how to interpret this device in favor of the partner by the courts of this country from then on. Finally, it is sought to show by the research carried out how this decision of the Brazilian Supreme Court was important for the cohabitants in a stable union and the legal certainty that this interpretation has for this form of family entity. The elaboration of this article was based on theoretical research in view of the wide possibility of theoretical reference and legal basis on the proposed theme, using the deductive method and qualitative research in its elaboration.