MUDANÇAS TRAZIDAS PELO SUPREMO TRIBUNAL FEDERAL COM RELAÇÃO AO DIREITO DE HERANÇA PARA CASAIS EM UNIÃO ESTÁVEL

Abstract

This article has the following research problem: How are judicial precedents reflecting the changes brought by the Federal Supreme Court regarding the right of inheritance for couples in a stable union? It is a bibliographical research based on the selection of articles and books with themes pertinent to the theme, as well as legaldocuments and jurisprudence about the inheritance for couples in stable union. The work was divided into 03 (three) chapters. The first deals with the historical process of family rights of the basic concepts of marriage and stable union, the second deals with the controversy in the succession regime of stable union, the rule set by the infraconstitutional legislator and the recent thesis pronounced by the supreme federal court and the third chapter analyzes the changes brought by the Supreme Court regarding the right of inheritance to couples in stable union. It was understood, through this research, that the unconstitutionality of article 1970 of the Civil Code, which made a distinction between the inheritance rights of those legally married and those who lived in a stable union regime, thus, the open cases being processed in the Supreme Court, will be analyzed, and the application of precedents does not dispense the interpretation of the meaning of the case and the reasons used for its solution, which requires judges sensitive and attentive to the particularities of the cases.