Análise sobre a aplicação do direito sucessório na família anaparental no ordenamento jurídico brasileiro

• Autor(a) principal: Silva, Débora de Freitas da
• 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/15496
• topic: Direito de família; Sucessão; Família anaparental

OBJECTIVE: The present undergraduate thesis aims to analyze the treatment of issues involving the right of succession in the anaparental family in the Brazilian legal system. METHOD: Bibliographic and documentary consultation was used for data collection, through research in legislation, doctrine and jurisprudence. With regard to the approach, it is a qualitative research, using the deductive method and as for the level, it is exploratory research. RESULTS: It was found that there is a legal gap with regard to succession in the anaparental family and the need to fill it based on different artifacts of the law, among them the guiding principles of inheritance and family law, with emphasis on the saisine principle. , equality between heirs and respect for the will of the testator as principles of succession and related to family law, the principles of human dignity, social function of the family, equality between children, equality between spouses and partners, family solidarity, affection and freedom. It was also found that the legal order of hereditary vocation establishes the sequence of appointment of the heirs, the first being the descendants in competition with the surviving spouse, taking into account the property regime adopted by the couple, the ascending ones in competition with the spouse, the surviving spouse and, finally, the collateral heirs who compete equally with each other, which can be harmful to the members of the anaparental family. CONCLUSION: It is concluded that there is an omission in the Brazilian legal system, with regard to the succession of the anaparental family, finding as a solution in the present case, the application of the same succession procedures used in the stable union in relation to the anaparental family.