The unconstitutionality of the imposition of the regime of compulsory separation of assets imposed on septuagenárians

Abstract

The discussion about the possible constitutional violation of article 1.641, item II of the Civil Code, which imposes to the over 70 years the compulsory in choosing the marital regime was what motivated the execution of the present work. Since the Brazilian Institute of Geography and Statistics makes it clear that in a few years the septuagenarians will continue to be in full working life and in the majority. Therefore, it is reckless to tax this population as incapable of their choice of regime of goods, because, in addition to undermining constitutional principles, the right to love is injured and is against studies of positive changes, the result of public health policies implemented over the last decades. In this way the affective relationships of those over 70 improve life and should be encouraged and neglected by our legal system.