CIVIL LAW - SUCCESSIONS OF TESTAMENTARY SUCCESSION

Abstract

This article addresses the main aspects of succession law in Brazil, highlighting the origin of the word "succession" and its application in the legal context. The author  differentiates succession in a broad sense from succession in a strict sense, focusing on the patrimonial transmission resulting from the death of the holder. The debates around the rigidity of legitimate succession, the restriction of the freedom to test, and the changes introduced by the Civil Code of 2002 are discussed. Also addressed are issues related to family transformations, the equalization of succession regimes by the Supreme Federal Court, and the need to review the succession phenomenon to align it with constitutional values. The research problem was guided by the question of how Brazilian legislation addresses and reconciles succession rights arising from issues such as socio-affective filiation, post-mortem assisted reproduction, postmortem conception, the fundamental right to test, and affectivity in family relationships, considering the principles of testator autonomy, protection of legitimate heirs, and interpretation of wills. The overall objective of this work was to analyze how Brazilian legislation deals with the challenges and dilemmas arising from testamentary succession in situations involving socio-affective filiation, post-mortem assisted reproduction, post-mortem conception, the fundamental right to test, and affectivity in family relationships, considering the principles of testator autonomy, protection of legitimate heirs, and interpretation of wills. The methodology used was literature review, capturing materials published in the last 10 years, available from portals such as Google Scholar, Rev Secr Trib Perm Revis, Journal of Legal Sciences, etc. In conclusion, Brazilian legislation addresses a variety of issues related to succession rights, such as socio-affective filiation, post-mortem assisted reproduction, post-mortem conception, the fundamental right to test, and affectivity in family relationships. Each of these issues presents specific challenges regarding the legal and ethical principles that govern succession law.