DIREITOS HEREDITÁRIOS DOS FILHOS ADOTIVOS: DISTINÇÕES ENTRE OS CÓDIGOS CIVIS DE 1916 E 2002 SOB A ÓTICA DO ATO JURÍDICO PERFEITO E DO DIREITO ADQUIRIDO

Abstract

This work aims to analyze the participation of adopted children, in cases where they were adopted under the Civil Code of 1916, in successions initiated after the promulgation of the Federal Constitution of 1988 and the enactment of the Civil Code of 2002. The research examines the transition between the two civil regimes, considering the concepts of kinship and filiation, which are fundamental for understanding inheritance rights. The 1916 Civil Code treated adoption restrictively, not granting adopted children the same rights as biological children, particularly regarding inheritance. The 1988 Constitution established the principle of equality among children, regardless of their origin, transforming previously private issues into public order norms to uphold the principle of human dignity within the Brazilian legal system. The Statute of the Child and Adolescent (ECA) reinforced these principles, ultimately guaranteeing adopted children full inheritance rights. This research explores the possibility of applying the more favorable provisions of the 2002 Civil Code and the Constitution to successions opened after their enactment, in cases where the act of adoption was carried out under the former civil legislation. To this end, the present analysis will also consider the study of vested rights and acquired rights, fundamental principles to ensure the stability of legal facts already established under the repealed legislation, thereby ensuring that the application of new rules respects legal certainty, one of the pillars of Brazilian law.