A descaracterização do regime de separação obrigatória de bens por força da súmula 377 do Supremo Tribunal Federal

Abstract

In this research, the topic addressed is the mischaracterization of the mandatory separation of assets regime due to STF Summary 377, analyzing it in light of article 1.641 of the 2002 Civil Code and the protected legal asset. The study aims to highlight how the communicability of assets established by the summary makes the regime of legal separation of assets similar to the regime of partial community of assets, undermining the protection intended by the legislator when editing the aforementioned article. Specifc objectives include the conceptual exploration of property regimes, the analysis of the legislator's intent in limiting the autonomy of couples regarding their property regime and the exposure of the contradictions arising from the decisions of the Superior Courts. Finally, it underscores the need to analyze the content of STF Summary 377 is highlighted, in order to reestablish legal certainty on this matter.