Afetividade e suas implicações no direito das sucessões: uma análise do abandono afetivo como causa de deserdação no brasil à luz do PL 3.145 de 2015

Abstract

The new order established by the Federal Constitution of 1988 is based on social, democratic and humanist values, in which the center of protection is the dignity of the human person. Thus, arising from the super principle of the dignity of the human person, the affectivity that until then was ignored, becomes a constitutional principle that founded and justified the conquest and recognition of several rights, especially in the Rights of Families and Successions. Therefore, in this work, the evolution of the Brazilian inheritance law was analyzed, and its rules and limitations specifically regarding the exclusion of legitimate heirs necessary from the 1st and 2nd class of the succession line. In that regard, was made an examination of the changes generated by Bill No. 3.145 of 2015 in the scope of the disinheritance of the necessary legitimate heirs of the 1st and 2nd class due to affective abandonment, considering that this hypothesis is not included in the exhaustive list of articles relating to Disinheritance in the Civil Code. In view of this, the question is: What are the changes generated by Bill No. 3.145 of 2015 in Brazilian transmissibilities? The general objective is the analysis of the changes generated by Bill No. 3.145 of 2015 in Brazilian transmissibilities. Regarding the methodology used in the construction of this text, the deductive method was adopted as an approach method, and as procedural methods, the comparative and historical methods were used. For all of the above, in case of approval, the Bill No. 3.145 of 2015 may have its effectiveness impaired and greatly reduced as a result of two main reasons: the structure of Inheritance Law itself and the culture and customs of the Brazilian people.