A partilha de patrimônio da dissolução da sociedade conjugal: casos que envolvem contribuições previdenciárias diferentes

Abstract

The society has in the scope of the constitution and division of the patrimony a distinct approach, which propitiates with this theme is of interest when the dissolution of the conjugal relationship occurs, and it becomes necessary to proceed with the division of the patrimony between the spouses. Thus, the interest of the study starts from the questioning that addresses to analyze what the legal implication on the division of assets, in case of dissolution of the marital relationship, involving divergent social security contributions between the spouses. In this sense, the study follows the perspective of the national legislation on the constitution of assets in the formation of the conjugal patrimony, which integrates the conjugal relationship and the affectations for it in the condition of dissolution of the relationship between the spouses. The applied research methodology has a bibliographic basis, using as sources of research documents such as Brazilian legislation, books, theses, dissertations, and scientific articles, as well as legal matters published on the subject pointing out the effects that the dissolution of the marital relationship has on the patrimony. This analysis demonstrates that in a situation of dissolution of the marital relationship, the property will be divided following the property regime applied and in the case of divergent social security contributions between the spouses there is a legal understanding of incommunicability, which in certain situations provides division. However, this topic deserves more study and discussion so that it does not generate legal uncertainty for society.