A equiparação sucessória entre cônjuge e companheiro no direito brasileiro: reflexos do julgamento do RE 878.694/MG na proteção sucessória da união estável

Abstract

This study analyzes the succession equality between spouses and partners under Brazilian law, focusing on the legal impacts of the judgment rendered by the Federal Supreme Court in Extraordinary Appeal No. 878.694/MG on the inheritance rights arising from stable unions. The research begins with a historical analysis of the evolution of the family and Family Law, demonstrating that the 1988 Federal Constitution substantially expanded the legal concept of family by recognizing stable unions as family entities deserving special state protection. In this context, the study examines the legislative development of stable unions, from the first regulatory statutes to their discipline under the 2002 Brazilian Civil Code, emphasizing the succession regime established by Article 1,790 and the doctrinal and judicial controversies arising from the distinction between spouses and partners. The research critically analyzes the constitutional grounds adopted by the Federal Supreme Court in Extraordinary Appeal No. 878.694/MG, which declared Article 1,790 of the Civil Code unconstitutional and determined the application of Article 1,829 to stable unions, thereby establishing equal succession rights for spouses and partners. Particular attention is given to the constitutional principles of human dignity, equality, family protection, family solidarity, affection, and the plurality of family entities, as well as their influence on the interpretation of Brazilian Succession Law. The study adopts the deductive method through bibliographical, documentary, and jurisprudential research based on the Federal Constitution, the Brazilian Civil Code, Federal Supreme Court precedents, and leading Brazilian legal scholarship. The findings demonstrate that the Supreme Court's decision constitutes a landmark in the constitutionalization of Brazilian Succession Law by eliminating discriminatory inheritance treatment between spouses and partners and strengthening the legal protection afforded to stable unions. It is concluded that the judgment of Extraordinary Appeal No. 878.694/MG consolidated the constitutional understanding that there is no legal basis for maintaining distinct succession regimes for family entities equally protected by the Federal Constitution, thereby promoting fundamental rights, substantive equality among family models, and a succession system more consistent with the principles of the Democratic Rule of Law.