THE EXCLUSION OF SPOUSES FROM THE INHERITANCE IN THE NEW CIVIL CODE: LEGAL ANALYSIS AND PRACTICAL IMPLICATIONS FOR INHERITANCE LAW IN BRAZIL

Abstract

The present work aims to present a legal and practical analysis on the exclusion of spouses from inheritance in the new Civil Code, investigating the impacts of this change on Brazilian inheritance law. Through bibliographic research, law articles and publications available on the world wide web, we seek to discuss the proposed changes, with an emphasis on removing the spouse as a necessary heir in cases of ascendants or descendants. The study addresses the relationship between the reform and constitutional principles, such as human dignity and family solidarity, identifying why such changes raise questions regarding the asset protection and financial security of the surviving spouse, especially in scenarios of greater vulnerability.