THE CONCUBINAGE AND THE LOVER'S RIGHT OF SUCCESSION

Abstract

This article highlighted the discussion surrounding the legislative omissions regarding the rights of the lover and her non-participation in the right to succeed, thus presented the constant evolution of the family entity and the influence of conservative culture that prevents due normative development in order to support those who constitute concubine relationship. The research showed the jurisprudential knowledge and the current basic principles brazilian legal system, where it was directed through doctrinal knowledge, thus evidenced the succession effects arising from concubinary relationships. The project was developed through a bibliographical research with a deductive approach, opportunistic to the view of the literature and alluding to the main jurisprudence surrounding the theme. The work has opportunistic knowledge of the concept and historical evolution of the concubinate in Brazil, certified the incidence of parallel families in the legal system and the monogamous principle, and a general parameter of the rights that assist concubines extracted from the norms present in our Brazilian order. Thus, the present work envisions the importance of the legislative impact in the normative field that concerns the creation of specific laws, since concubines are persons who hold rights and obligations that due to the relationship constituted is often deprived of raising assets and to acquire financial independence. The present work, therefore, showed the overwhelming reality experienced by the lover in accordance with the evolution of the family entity.