OBRIGATORIEDADE DA SEPARAÇÃO TOTAL DE BENS: A (IN)CONSTITUCIONALIDADE PERANTE AS PESSOAS MAIORES DE 70 ANOS

Abstract

The object of this research is the analysis of the unconstitutionality of the obligation of the regime of separation of property in the marriages of people over 70 years of age, imposed by article 1.641, II of the Civil Code. The main objective of this study is to demonstrate how the aforementioned article imposes a certain limitation on the capacity of the elderly and violates the constitutional principles of human dignity, freedom and equality, thus demonstrating that discrimination based on age is unconstitutional. The methodology adopted was the deductive method, in which the manifest violation of constitutional rights and principles was verified. For the elaboration of this study, several resources were used, such as bibliographical sources, legislation and jurisprudence.