Trabalho de Curso - Graduação - Monografia

A evolução do preceito da indignidade sucessória na perspectiva do caso Von Richthofen

The evolution of inheritance indignity in Brazilian Inheritance Law, exemplified by the case of Suzane von Richthofen, stands out for the application of severe sanctions to heirs who commit intentional acts against the author of the inheritance, such as intentional homicide. This emblematic case spa...

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Autor principal: CAETANO, Gabriel Henrique Garcia
Grau: Trabalho de Curso - Graduação - Monografia
Publicado em: 2024
Assuntos:
Acesso em linha: https://bdm.ufpa.br/jspui/handle/prefix/7465
Resumo:
The evolution of inheritance indignity in Brazilian Inheritance Law, exemplified by the case of Suzane von Richthofen, stands out for the application of severe sanctions to heirs who commit intentional acts against the author of the inheritance, such as intentional homicide. This emblematic case sparked intense debates about the strict or flexible interpretation and application of this legal institute. Over the years, legislation and jurisprudence have adapted succession indignity to social and cultural changes, expanding the list of causes and interpreting the requirements for its configuration. The impact of decisions in these cases is also relevant to the rights of other heirs, provoking reflections on justice, equity and legal security in the succession context. Analyzing the von Richthofen case from these constitutional perspectives reveals complex challenges in reconciling the punishment for illegal acts and the protection of the rights of innocent heirs. Jurisprudence has sought to balance these interests, considering not only the seriousness of crimes, but also the influence of emotional and social factors on the conduct of heirs.Therefore, the study of the evolution of succession indignity, focusing on the von Richthofen case, not only enriches the theoretical understanding of Inheritance Law, but also offers subsidies to improve the application of legislation, ensuring a fairer and more equitable approach in cases of succession of goods in Brazil.