THE IMPACTS OF THE STF DECISION IN EXTRAORDINARY APPEAL 1,309,642 IN RELATION TO ARTICLE 1,641 OF THE CIVIL CODE

Abstract

The partner of a man with whom she entered into a stable union when he was over 70 years of age appealed to the Federal Supreme Court against a decision by the Court of Justice of the State of São Paulo that denied her the right to be part of the inventory when applying to the stable union the property separation regime. In the decision, the STF established the understanding that to eliminate the mandatory regime of total separation of assets, it is necessary to express this desire through a public deed. The decision was unanimous and was based on the dignity of the human person and the self-determination of elderly people, to remove the regime in the following way, by public deed of prenuptial agreement or, during the course of the marriage, by legal action to change the property regime, or by public deed before or during the stable union.