A INCONSTITUCIONALIDADE DO REGIME OBRIGATÓRIO DA SEPARAÇÃO DE BENS ÀS PESSOAS MAIORES DE 70 ANOS

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.