Magda Ângela Ribeiro Coutinho Guimarães

Abstract

The study deals with the legal aspects of the mandatory separation of assets for people over 70 years of age, based on Appeal in Extraordinary Appeal no. 1,309,642. The objective of the study was to examine the judgment of the Federal Supreme Court regarding Appeal in Extraordinary Appeal no. 1.309.642-SP, in relation to legal practice and its effects on family and property relationships. Methodologically, the research is a case study, with a qualitative approach, having been constructed from a literature review, whose data collection brought together indirect documentation, with bibliographical research in books, scientific articles, official documents, court decisions , laws in a broad sense, among others. Initially, the four existing asset regimes in Brazil and their characteristics were investigated. Then, we began an analysis of the institution of mandatory separation of assets for people over 70 years of age inserted by the Civil Code of 1916 and maintained by the Civil Code of 2002 with some modifications. It discussed the 2002 Civil Code Reform and the changes contained in its draft. Finally, the decision of the Praetorian Excelso was investigated regarding the possibility of septuagenarians choosing the property regime that suits them, through a public deed signed at a notary's office, and its effects on the national legal system. It was concluded that the implementation of public policies and affirmative actions by the community that generate awareness and empowerment of the elderly, with a view to reducing prejudice based on age, prove to be effective in confronting establishment stereotypes. By safeguarding the rights of the elderly, it is possible to build a more inclusive future so that all people can expand their full potential as human beings