Os limites da interferência estatal nas famílias do Brasil nos casos do regime de separação de bens obrigatória para os maiores de 70 anos

Abstract

The present work proposes to research the mandatory separation of property regime for people over 70 years of age and how this is a reflection of the state's actions in relation to families in the Brazilian legal system. The research problem consists of the following question: To what extent does the state's action in terms of restricting the choice of property regime in marriage between elderly people really take place for the protection of families and is it constitutional? By understanding the main concepts involved in the theme and analyzing the principle of human dignity and equality among other related fundamental rights, if possible changes to state action in the family context. The research objectives, therefore, are an analysis of the State's performance in relation to family nuclei, specifically those formed by the marital union between the elderly; the warning of the danger of a restricted view of the family and the indication of alternative solutions for the protection of the families in the case. As a research method used the hypothetical-deductive, being presented the institution of marriage and the situation of the elderly in general, going through the basis of hypotheses about the problem of analyzing the legislative production and works that we position based on the laws, project, statutes and jurisprudence in question. It tests the premise that it is about the influence of a restriction that delimits on some families an intervention of the State that can be harmful.