SEPTUAGENARY: STATE PROTECTION OR RESTRICTION OF FREEDOM IN THE CHOICE OF MARRIAGE REGIME?

Abstract

This research aims to present the surviving spouse´s successor right in the property regimes provided for the Brazilian Civil Code and, in particular, how the hereditary sucession of the married surviving spouse occurs under the mandatory separation of property regime. It will also present Precedent 377 of the STF and its interference in the aforementioned regime, in addition to questioning the extent to wich the imposition of a property regime on septuagenarians is necessary protection or represents interference to this portion of the population by the State. Through bibliographical research and analysis of articles 1.641, 1.829 and 1.845 CC, it is expected to demonstrate the dificulty faced by the portion of the population that, over seventy years old, has autonomy to decide all their acts of civil life, however, according to the State, is not in a position to decide on its own the marriage regime that best suits it.