REQUIREMENT OF MANDATORY SEPARATION OF ASSETS FOR MARRIAGE OF OVER 70 YEARS OF AGE IN FACE OF INCREASING LIFE EXPECTATION IN BRAZIL

Abstract

The present research paper search to analyze the requirement of mandatory separation of property for the marriage of people over 70 years of age in view of the increasing life expectancy in Brazil, with the objectives of analyzing the disparity, for succession purposes, of spouses and partners, according to article 1.790 of the Civil Code; the verification of the understandings of the Superior Courts about the subject, and finally the visualization of the possible violation of constitutional principles such as the principle of equality and dignity of the human person. For the development of the present research, the inductive methodology was chosen to reach the final purpose, the mentioned method was duly used together with doctrines and jurisprudence for the analysis of the possible unconstitutionality of the article to the north cited, in view of the consideration that such article violates the principle of human dignity. The types of research used were descriptive and explanatory, with the intention of demonstrating precisely that the people over 70 years of age have full capacity to choose the property regime in which they wish to marry, and that the fact that they have simply exceeded a certain age level doesn’t mean that they should have their rights of choice restricted. In short, it was possible to conclude that by rigidly instituting the mandatory legal separation of property as the only property regime to be adopted by people over 70 years of age, the legislator directly violated constitutional principles, and the rule should be declared unconstitutional.