Succession of companions: analysis of current doctrinal interpretation and jurisprudential

Abstract

The theme of this article belongs to the inheritance law area, especially the succession of partners who live in a common-law marriage, as a family relationship recognized by the brazilian cons­titutional order since 1988, however in doctrine as in jurisprudence the partner’s participation on the division of the estate of the deceased is not unani­mous. In this context, this research aims to identify if the succession of the partners is a violation to the constitutional provisions, considering the unequal treatment between marriage and common-law marriage in the realm of inheritance law.