Jucá, Francisco Pedro2024-11-272024-11-272022COSTA, Carlos Eduardo Ferreira. Aproximação do regime de comunhão parcial entre o casamento e a união estável no viés da isonomia sucessória no entendimento do Supremo Tribunal Federal. São Paulo (SP), 2022. 111 f. Tese (doutorado) - FADISP, São Paulo, 2022.http://repositorio.unialfa.com.br/handle/123456789/475The present Thesis will address the amalgamation of marriage by partial communion regime and the stable union before the isonomy of succession law consolidated by the Federal Supreme Court regarding the moiety and inheritance and will be divided into six chapters. The first chapter deals with the constitutionalization of civil law in Brazil, followed by the constitutionalization of family law and inheritance law. Next, the institutionalization of marriage in the legal system will be contextualized, giving its concept, forms of marriage mentioned in the civil law and doctrines, and also the property systems that can be inserted in marriage as established by law. In this same chapter, marriage will be highlighted as a patrimonial union, demonstrating the guarantee of inheritance rights that accrue to the surviving spouse. Subsequently, the emergence of the Stable Union in the legal system will be highlighted, presenting concepts and succession guarantees recognized by legislation, as well as jurisprudential decisions that have injected a certain measure of normative force to be applied to the factual situations that arise with the social evolution in the relationships between companions. The next chapter will contextualize the declaration of unconstitutionality of article 1790 of the Civil Code, the object of discussion of this theme, which highlights the decision of the reporting justice Min. Luís Roberto Barroso, and also, will be reported the decisions of each minister issued at the hearing so that it marks the starting point of discussions that will be subject to interpretations among various jurists who will demonstrate their positions, in addition to being addressed in a specific chapter the consequences of the decisions that inclined to unconstitutionality of that civil device For this, the research will be qualitative as to approach and descriptive as to objectives. Besides making use of legislation, doctrine and jurisprudence, using bibliographic methods. This discussion brought up the question of why the unconstitutionality of art.1790 of the CC should be restricted only to the scope of succession law, since it would also be an affront to the constitutional principle of isonomy to do so, in view of the application of the theory according to the Constitution. Thus, remaining such restriction and distinction, even after the declaration of unconstitutionality of that device, it is necessary to speak in disrespect to the other rights inherent to Stable Union, thus generating a paradox in the protection of these rights already conquered and among those not yet recognized.ptInconstitucionalidadeSucessõesUnião EstávelRegime de concorrência