O conflito em torno da equiparação entre casamento e união estável a partir do julgamento dos Recursos Extraordinários n. 878.694 e 646.721

Abstract

The present work of conclusion of the course aims to analyze the conflict and the diversity of understandings generated from the decision of the Supreme Federal Court about the judgment of Extraordinary Resources 878.694 / MG and 646.721 / RS, which established an equivalence between spouse and partner for succession purposes. If, on the one hand, the Supreme Court was emphatic in declaring the unconstitutionality of article 1,790 of the Civil Code, on the other, it left several doubts about the applicability of the other legal provisions of succession to companions. Thus, seeking to understand what paths led to the understanding which it would be appropriate this equivalence and what are its effects, theoretical and documentary research was adopted through analysis of the current legislation, as well as articles and doctrines on the subject, even as the use of a comparative method. In order to confront the institutes of marriage and the stable union, identifying the points of convergence and divergence, both on their formation and on inheritance rights, analyzing the consequences linked to that decision, since the reason for the existence of both institutes is precisely due to the peculiarities inherent to each one. Thus, after the elaboration of reflections, exhibitions and critical analyzes about the equivalence of rights between family institutes, it is sought to conclude whether the complete equivalence is adequate or if it is valid that differentiation are made in certain points, regarding that, for families to enjoy equal rights and dignified treatment it is not necessary for them to be exactly the same, because it is precisely the particularities that make them plural and a source of achievement for their members.