Interpretations and jurisprudential changes that interfere with inheritance law

Abstract

From the joint judgment, by the Plenary of the Supreme Federal Court, of Extraordinary Appeals 878.694 / MG and 646.721 / RS, whose final result was embodied in the equation, for succession purposes, between the figures of the surviving companion and the superstitious spouse, this study seeks to analyze how such a decision can significantly intervene in the life and private autonomy of the entities of stable union. With such purposes, a historical comparison is made, regarding the legal discipline of the subject, culminating in the present times, mainly to investigate the eventual consequences and new dilemmas operated by the decision. In the end, it will be concluded about the need to admit, a change in the wording of article 1790 of the Civil Code, but not the equalization between spouses and partners, to safeguard freedom and achieve family and succession planning.