A (IM)POSSIBILIDADE DA EXCLUSÃO AUTOMÁTICA DO HERDEIRO DESERDADO QUE TENHA COMETIDO CRIME CONTRA A VIDA HAVENDO SENTENÇA PENAL CONDENATÓRIA EM TRÂNSITO JULGADO

Abstract

Succession law has existed since the beginning of antiquity, has great family and religious importance, and its purpose is to regulate the transfer of someone's assets after their death. The hereditary succession predicted by the civil code has been modernized, undergoing significant transformations, mainly in relation to the order of hereditary vocation, advancing over the years and consequently changing the Civil Code. However, the main focus of the proposed study concerns issues relating to the exclusion of heirs, due to disinheritance or unworthiness, more specifically with the disinheritance of necessary heirs, whether legitimate or testamentary as provided for in art. 1,814, 1,962 and 1,963 of the civil code. The general objective of this article is to analyze the (IM) possibility of automatic exclusion of a disinherited heir who has committed a crime against life, in the event of a final criminal sentence. With specific objectives: to address the doctrinal and legal aspects of Brazilian inheritance law, explain the types of succession, as well as specify the hypotheses for excluding succession. In the respective study, the deductive method will be used as a means of approach and the descriptive method will be used as a method of procedure. With regard to the research technique, it is classified as bibliographic, as it searches doctrine, legislation, jurisprudence, with a survey of doctrinal, jurisprudential and legal content.