Trajetória histórica do instituto jurídico da união estável e do direito sucessório do companheiro e os impactos da retirada do cônjuge ou companheiro do rol dos herdeiros necessários (Projeto de Lei nº 04/2025): (in)efetividade de seus direitos

Abstract

This paper aims primarily to provide an analysis of the legal concept of the stable union, particularly through the construction of a historical trajectory that traces its development within Brazilian society, considering its various historical contexts, until its effective recognition as a legitimate family entity. Throughout the research, a specific focus will be given to the patrimonial implications arising from the establishment of the stable union within the Brazilian legal system, with attention to the issue that, despite meeting the current requirements of what is now understood as a stable union, there was no specific regulation at the beginning of the relationship. This framework will highlight the importance of recognizing the partner as a necessary heir, which will allow a discussion on the impacts of the proposal brought by the 2024 Civil Code Draft to remove the spouse—and, consequently, the partner—from the list of necessary heirs provided in Article 1.845 of the 2002 Brazilian Civil Code