Autonomia no envelhecer: a inconstitucionalidade do art. 1.641, II, do CCB/2002

Abstract

The present study aims to identify the reasons why the imposition of the regime of compulsory separation of property to marriages celebrated by people over 70 (seventy) years is unconstitutional. To achieves this goals, using the hypothetical deductive method, the study will start with an analysis of the institute of private autonomy, seeking to make it compatible with the patrimonial status of marriage and with the fundamental rights of the elderly. In sequence, presented the reasons that should lead to the declaration of unconstitutionality of the art. 1.641, II, of the Brazilian Civil Code of 2002, we will proceed to the analysis of three judgments selected from a survey conducted with the virtual repositories of the Brazilian Courts of Justice. Keywords: Compulsory separation of property. Seventy years. Property regime; Private autonomy.