A igualdade na sucessão dos bens dos cônjuges

Abstract

This paper addresses the issue of spousal equality in the context of Inheritance Law, considering the evolution of the concept of family in the Brazilian legal system and the various contemporary family arrangements. The research analyzes how the assets of the surviving spouse are protected in the inheritance process, highlighting the hypotheses of competition with other heirs, such as descendants and ascendants. It is understood that Inheritance Law, which originated in the early days of civilization, aims to regulate the transfer of the assets of a deceased person to his or her successors, whether by legal or testamentary means. In addition to the transfer of assets, the institute also covers transferable obligations, as long as they are not personal. In this context, the study analyzes the legal position of the spouse in the current inheritance system, in light of the Civil Code of 2002 and recent case law. The methodology adopted consisted of bibliographic research of a narrative nature, with a deductive approach, based on the analysis of legislation, doctrines, academic articles and judgments. The main objective is to understand the legal criteria that define the inheritance rights of the spouse and how these materialize in different family compositions.