Retirada do cônjuge da legítima: uma análise do anteprojeto sucessório sob a ótica da desigualdade de gênero e da vulnerabilização das mulheres

Abstract

From the perspective of gender inequality and the vulnerability of women, and in light of the imminent reform of the Brazilian Civil Code, this monograph aims to question the proposal made by the subcommittee on succession law regarding the removal of the spouse from the list of legal heirs and from the competition with descendants and ascendants. The proposal was accompanied by a statement declaring the progressive equality between men and women, while disregarding the fact that women's experiences remain deeply shaped by patriarchal structures. Therefore, seeking to analyze and critically assess the legal provisions on succession and the rationale behind the subcommittee’s proposal, this study deepens the debate on social and legislative development—focusing on the Civil Code of 1916, sparse legislation, the 1988 Federal Constitution, and the Civil Code of 2002—within the context of Brazilian women. It takes into account family law and succession law, and it situates the historical and social reality of reproductive, domestic, and care work predominantly performed by women. The research also addresses the inequality and vulnerability women face in both private and public spheres. It identifies the significant impact of gender disparities in the distribution of domestic tasks, the difficulties women face in accessing, remaining, and progressing within the formal labor market, and the glass ceiling in public life that limits their income and wealth accumulation. Ultimately, it argues that the subcommittee's proposals does not seem to stem from a thorough diagnosis of the real deficiencies of the current succession system, but rather from a rushed attempt to resolve them by excluding the spouse and the partner from the list of legal heirs—an attempt that fails to consider the magnitude of its negative impact on women in the Brazilian socioeconomic context. The research follows an exploratory approach, based on bibliographic research and document analysis.