A legislação brasileira vem regulamentando as peculiaridades acerca do tema “união estável”, que como se sabe esse é o termo utilizado para se referir à união entre duas pessoas que não são casadas civilmente, e mantém intuito de constituir família. Uma vez reconhecida a união vem à tona diversos direitos aos companheiros.
Pois bem, o cônjuge (casado civilmente), segundo o Código Civil, é tratado como um herdeiro necessário, ou seja, possui uma proteção legal específica que o garante concorrer à herança em iguais proporções, com os descendentes, ou na falta destes, com os ascendentes. Além disto, o cônjuge possui o direito real de habitação do imóvel residencial da família.
A união estável é tratada de forma semelhante ao casamento, o que garante ao companheiro (não casado civilmente) diversos direitos, entretanto, não se pode esquecer que o direito sucessório limita a concorrência com os demais herdeiros necessários, que se aplica apenas aos bens adquiridos após a constância de união estável com o falecido.
O tema é objeto de constantes discussões nos Tribunais, tendo-se hoje o entendimento maior no sentido de que o companheiro não está incluso na ordem de sucessão, nem mesmo é considerado como um herdeiro necessário, cabendo ao companheiro apenas a meação. Deste modo, apenas nos casos em que o falecido não possui herdeiros é que o companheiro terá direito à totalidade dos bens.
Assim, resta demonstrada a importância deste assunto para a sociedade, pois caso não seja dada a devida atenção ao regime de união vigente entre as partes, ou caso não seja de amplo conhecimento do companheiro sobrevivente, o mesmo poderá enfrentar surpresas no momento da sucessão.
LARIANE NILVA FERREIRA ROCHA, Advogada do escritório Resina & Marcon Advogados Associados. Formada em Direito pela Universidade Católica Dom Bosco.
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