THE UNCONSTITUTIONALITY OF ART.1790 OF THE CCB AND THE EQUALATION OF SUCCESSORY RIGHTS IN STABLE UNION AND MARRIAGE

Abstract

The objective of this study is to analyze the unconstitutionality of article 1790 of the Civil Code, seeking to equate succession rights in stable unions and marriage. Regarding the methodology used in this article, a descriptive research was carried out, with a qualitative approach, where the bibliographical survey was carried out over a period of time, through readings in article publications and electronic magazines, indexed in the Scielo (Scientific Eletronic) databases. Library OnLine), PePsic (Electronic Journals in Psychology) and Google Scholar in the period from 2017 to 2023. Upon concluding this study, we came to the understanding that it is important that the Federal Supreme Court recognizes the unconstitutionality of article 1790 of the Civil Code and that equate inheritance rights in a stable union with those in marriage. This measure will promote justice and equal rights, ensuring respect for the diversity of forms of family life and the full exercise of citizenship for all Brazilians.