A (in) constitucionalidade do artigo 1.841 do Código Civil, frente ao tratamento diferenciado dado aos irmãos bilaterais e unilaterais na sucessão legítima de herdeiros colaterais

• Autor(a) principal: Rech, Nicolle Andrade Reis
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5853
• topic: Direito civil; Herança e sucessão; Inconstitucionalidade; Igualdade

The objective of this monographic work is to analyze the doctrinal positions pertinent to the approach of article 1,841 of the Civil Code, when it differentiates the unilateral brothers from the bilateral ones, consequently resulting in rights that are manifestly divergent, in order to identify the fundamentals that relativize positions about their unconstitutionality. The nature of the research regarding level / object, is characterized as exploratory, concerning the approach, qualitative. The procedure used to collect data is categorized as a bibliographic search. From the analysis of doctrinal understandings regarding the approach of article 1,841 of the Civil Code, it was verified that the majority understanding of the doctrine is by the constitutionality. In this way, it was concluded that, as grounds for the agreement that it is not necessary to speak of the unconstitutionality of said norm, there is the presence of equality as a form of equity, where it is understood that the bilateral siblings are really different from the unilateral ones, being their rights. Contrary to this, in accordance with the unconstitutionality, it was verified that the positions are in the sense that, as a result of the principle of equality between the children, present in article 227, § 6 of the Federal Constitution, comes from the affiliation the state of brotherhood , and such unequal treatment would be forbidden to the brothers in the succession of collateral heirs.