INDIGNITY AS A CAUSE FOR EXCLUSION FROM SUCCESSION: ANALYSIS OF LEGAL AND JURISPRUDENTIAL CRITERIA IN BRAZILIAN LAW

Abstract

The present work aims to analyze the institute of indignity in the Law of Succession, based on articles 1.814 and 1.815 of the Civil Code of 2002, in the light of contemporary doctrine and jurisprudence. The study is justified by the observation that the Brazilian legal system is still based on a normative model inherited from the 1916 codification, which does not adequately contemplate the transformations that occurred in family structures and values. Despite the growing complexity of family relationships, the legal list of causes of exclusion due to indignity remains limited, disregarding seriously harmful conducts, such as affective abandonment and psychological violence. In view of this, it seeks to propose a constitutional rereading of the institute, based on the principles of human dignity and family morality. The methodology used is bibliographic and documentary research, with analysis of the current legislation, specialized doctrine and jurisprudence of the higher courts, especially the STJ. The results point to the need for interpretative expansion of the legal hypotheses of indignity, in order to ensure a fairer and more coherent application with constitutional values.