Análise das decisões do Tribunal de Justiça do Estado de Santa Catarina sobre partilha de bens entre cônjuge e companheiro sobrevivente

• Autor(a) principal: Porfirio, Diogo
• Data de Publicação: 2020
• 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/15536
• topic: União Estável; Partilha de Bens; Princípios

OBJECTIVE: To analyze decisions of the Santa Catarina State Court of Justice regarding the sharing of assets between spouse and surviving partner. METHOD: this is exploratory research with a qualitative approach; as for the procedure, it is classified as a collection of bibliographic data based on doctrines, and documentary, based on the legislation and decisions of the Court of Justice of the State of Santa Catarina. RESULTS: Marriage is a solemn act, the main objective of which is the institution of full communion based on the principles of affection, fidelity and mutual assistance. The institute of stable union differs from the former in that it is characterized as a de facto situation, not requiring the presence of the same formalities to which the institute of marriage is inserted. However, the same requirements of marriage are indispensable to characterize a stable union under legal terms, among them monogamy. In addition, both family entities have legal protection protected by the Federal Constitution of the Republic. Finally, in the eventual death of one of the spouses / cohabitants, it was verified, through this analysis, that the sharing of assets will obey the provisions of the Civil and Civil Procedural Codes, in order to respect the above mentioned principles, not accepting , within the sharing, the right to the cohabitant who constituted only the impure concubinage. CONCLUSION: From the amount of 8 (eight) analyzed decisions, there was a unanimous vote in the sense of dismissing the requests made by cohabiting partners, in the face of surviving spouses of deceased, in order to receive the requests death pension benefits, access to the corresponding amount of life insurance and access to the share of the assets of the Thus, it was found, mostly, that there was no evidence set by the authors of the stable union in the legal terms by the authors, so that only the existence of impure concubinage was proven. Thus, the egregious Court of Justice understood that, given the impediments listed in art. 1.521 of the Civil Code, the breach of the principle of monogamy meant that the stable union pleaded in the totality of analyzed decisions was not characterized.