Direito real de habitação do companheiro: reconhecimento de seus direitos no âmbito sucessório

Abstract

This article will analyze the transformation in the legal treatment received by the partner in the succession scope, since the promulgation of the Federal Constitution of 1988, when the stable union was recognized as a family entity, until the declaration of unconstitutionality of article 1790 of the Civil Code. In this way, will show how the understanding of the Federal Supreme Court, in the extraordinary appeal 878.694/MG, remedied a mistake in the Civil Code of 2002, which tried to disequilibrate, for the purposes of succession, the legal regimes of marriage and stable union, promoting a setback and hierarchy among families, which is incompatible with the Federal Constitution. In addition, delving into the matter of inheritance law, it will also show how the Courts have decided in favor of the partner's real right to housing, in the face of a constitutional protection of housing and the dignity of the human person.