MANDATORY SEPARATION OF MARRIED COUPLES OVER 70 YEARS OLD AND ITS (IN)COMPATIBILITY WITH SOCIODEMOGRAPHIC CHANGES

Abstract

The objective of this study is to examine the agreement of article 1,641, Item II, of the 2002 Civil Code, which deals with the imposition of separation of assets for partners over 70 years of age, with the current inversion of the Brazilian age pyramid and increased life expectancy. The importance of this topic lies in the need for a more comprehensive and reflective analysis in relation to the elderly, given the recent sociodemographic and jurisprudential changes regarding the legislation that imposes mandatory separation, taking into account the constant changes in society. In this way, the existence of a lag in the standard in relation to the current reality and its changes is questioned. And a review of Law No. 12,344 of 2010 is necessary, given the significant increase in life expectancy. For this, the methodology used will be a bibliographical review, through data analysis, reflection on the law and analysis of the jurisprudential understandings of the STF and STJ. The lag in the norm was evident, considering the increase in longevity and the new sociological structure resulting from the inversion of the age pyramid that occurred in the last twenty years. Thus, it was found that there is an incompatibility of the law that imposes the mandatory separation of assets for spouses over 70 years of age with the current scenario of Brazilian society.