A intangibilidade da legítima e os herdeiros necessários: proteção familiar ou patrimonialização das relações

Abstract

The object of this dissertation is to verify if the forced reserve of inheritance currently fulfills the social function of protecting the family, taking into account the new values and family modalities, brought by the Federal Constitution of 1988. necessary to study the origin of inheritance law, the historical origin of the legitimate, as well as its evolution in the Brazilian legislation until its current stage. With this, it was found that the institute of forced inheritance failed to adapt to the aspirations of the new family modalities, thus falling to the ground its main objective, which is to protect the family. In the end, it was shown that the flexibilization or suppression of the legitimate institute would not be unconstitutional. From this, in order to meet the current family demands, as well as to better apply constitutional principles, it was proposed that the forced reserve of inheritance be used specifically to protect vulnerable people.