Abstract

MAFRA, Tereza Cristina Monteiro  and  GUEDES, Susan Naiany Diniz. (IN)CONSTITUTIONALITY OF PROHIBITIONS TO LIBERALITIES BY MARRIED PEOPLE IN FAVOR OF THE CONCUBINE. Revista Internacional CONSINTER de Direito [online]. 2023, n.17, pp.625-646.  Epub Feb 28, 2024. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00017.29.

By doing an isolated and decontextualized reading of the rules in force in the Brazilian legal system, it is possible to arrive at the hypothesis that the liberalities practiced by married people in favor of the concubine and/or the accomplice in adultery are forbidden, through donation, life insurance or will. However, considering that such prohibitions were based on inculpation, abolished by Constitutional Amendment 66/2010, the objective of the work is to verify the regulation of the subject by the Civil Code over the years, how the country's law, after 2010, positioned itself, and ask: are the prohibitions of liberalities in favor of a concubine or accomplice in adultery by a married person, who is not separated, constituctional? In addition, when carrying out a critical analysis, if it is possible to verify that, in the present theme, the inculpation is still present and restricts private autonomy by, for example, limiting the right to dispose and carry out patrimonial planning, which configures great interference state in private relations. The research followed the legal-exploratory and historiographical methodological type, applying the deductive methodology and the technique of bibliographical research, in national and foreign literature, jurisprudence of the Superior Courts and scientific journals.

Keywords : Life insurance; Testament; Donation; Concubine; Autonomy; State interference; Unconstitutionality.

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