ANALYSIS OF THE UNCONSTITUTIONALITY OF THE SYSTEM OF MANDATORY SEPARATION OF GOODS IN MARRIAGE OF PEOPLE OVER 70 YEARS OLD

Abstract

This article aims to analyze, through the principles that govern the Federal Constitution of 1988, the patrimonial relations arising from the mandatory separation regime for people over 70 years of age. The doctrine differs as to the obligation of the separation of property regime, as it is understood as an offense to the constitutional principles of human dignity, equality and freedom, in addition to the restriction on the civil capacity of absolutely capable people and age discrimination. From this point of view, the Judiciary and the Legislative Powers have been manifesting themselves as unconstitutional and emphasizing the revocation of the aforementioned cause of mandatory separation of property regime, having already had a favorable decision regarding another regime of property in the case of a stable union. prior to marriage to those over 70 years old by the STJ. In this way, it is intended, through the deepening of the studies, to analyze the theme in question from all the points of view pointed out.