"THE EXCLUSION OF THE SPOUSE FROM THE LIST OF NECESSARY HEIRS IN THE CIVIL CODE REFORM PROPOSAL: A LEGAL ANALYSIS OF ITS IMPACTS ON SUCCESSION"

Abstract

This article analyzes the proposal in Bill No. 4/2025 to exclude the spouse from the list of necessary heirs, examining its impact on the Brazilian succession system. It begins by addressing the evolution of succession protections afforded to the spouse. Next, it analyzes the main changes introduced by the reform proposal, particularly regarding the spouse's exclusion from the category of necessary heir, the restriction of concurrent inheritance rights, modifications to the real right of habitation, and the expansion of testamentary freedom. Finally, it examines the potential legal and social impacts of these changes, especially concerning the protection of the surviving spouse and gender inequalities still present in Brazilian society. The research employs a qualitative deductive method with a descriptive-analytical approach, based on a review of literature, documents, and legislation. Books, academic articles, legislation, case law, official documents, and electronic sources related to the subject were consulted. The study concludes that the proposal significantly reduces the succession protection currently guaranteed to the spouse.