Abstract:
The present paper responds to the following question: Is there unconstitutionality in
the obligation of separation of assets imposed by law to people over 70? Thus, an
analysis was made in the Brazilian legal system, taking into account the principles
that guide all legislation in force on this topic, the Brazilian Magna Carta of 1988,
analyzing the different doctrinal positions on the subject, which will be cited in order
to establish a comparative approach. To do so, we will address some constitutional
principles inherent to the person, as well as Family Law, marriage and property
regime. Thus exposing the presumption of mental disorganization of people over 70
is absolutely archaic and prejudiced.
