Da inconstitucionalidade do regime obrigatório de separação de bens imposto às pessoas maiores de 70 anos

Abstract

The purpose of this article is to examine constitutionality of art. 1.641, item II of the Civil Code, which makes it mandatory, for those over 70 (seventy) years, regime separation assets in an eventual union. The purpose of imposition is to protect the elderly from so-called “chest blow”, in addition to safeguarding heritage of heirs those who have reached maturity. However, the withdrawal of elderly's freedom to choose the regime that best suits them, ends up violating several fundamental rights, among them Dignity of Human Person, freedom and autonomy will. The indoctrinators who defend unconstitutionality of article, also point out discriminatory treatment given to those over 70 (seventy) years old, solely because their age. Thus, based on doctrinal and jurisprudential research, through hypothetical-deductive method, it will be demonstrated during research that imposition of property separation regime on elderly is an unconstitutional measure, which deserves to be revoked from Brazilian legal system.