A DIFERENÇA DA SUCESSÃO NO CASAMENTO E NA UNIÃO ESTÁVEL

Abstract

This work aims exposure on succession rights arising from marriage and stable union in order to expose the differences between them, and the possible unconstitutionality hovering over such rules. To do so, it will run through the concepts of institutions, its history and peculiarities, beyond the current succession rules. Subsequently, they are covered the different opinions of scholars on the issue, elucidating the main points that guide the issue in question. It tries to thus demonstrate the unconstitutionality of such differences given that the very Magna Charta recognizes the duty the State to protect the family entities, without however allowing any excessive differentiation.