Notas sobre a concorrência sucessória entre cônjuge/companheiro e descendentes do autor da herança

Abstract

The present work has as scope to analyze the different interpretations in doctrinal and jurisprudential seat involving aspects of succession concurrence between spouse/companion and descendants of the author of the inheritance. The text intends to demonstrate some of the most controversial subjects, deriving from the writing, especially, of the arts. 1829, I and 1832 of the CivilCode, whose interpretative difficulties challenge scholars and law enforcers. The methodology used was the use of bibliographical research, involving national doctrine and investigation of paradigmatic judgments about the topics in the Federal Supreme Court and, in particular, the Superior Court of Justice. The conclusions point to the need for a refinement in the formulation of adequate interpretativecriteria that avoid the contradictions between the different doctrinal aspects and the oscillations verified in the Superior Courts. Keywords: Sucession. Spouse. Companion. Descendants.