SUCCESSION BY REPRESENTATION IN THE DIVISION OF ASSETS: CONFLICTS BETWEEN LIVING HEIRS, DESCENDANTS, AND ASCENDANTS IN THE EVENT OF THE DEATH OF GRANDPARENTS AND PARENTS

Abstract

This study analyzes succession by representation, a mechanism provided for in articles 1,851 to 1,856 of the Brazilian Civil Code, which allows descendants to take the place of predeceased heirs in the distribution of assets. The general objective is to investigate how the legal system regulates this succession modality and how conflicts between representatives (grandchildren) and living heirs (children/uncles) are resolved. The theoretical framework is based on the doctrine of authors such as Maria Helena Diniz and Carlos Roberto Gonçalves, in addition to jurisprudential decisions of the Superior Court of Justice (STJ). The methodology consists of qualitative and bibliographic research on the institutes of legitimate succession and inventory. Partial results indicate that, although the law seeks equality between family branches, practice reveals challenges in applying the principle of equity, often resulting in judicialization due to concealment of assets or misinformation. It is concluded that the adoption of extrajudicial methods, such as mediation, is fundamental to promoting legal security and family peace in partitions