TCC de Graduação e Especialização
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Navegando TCC de Graduação e Especialização por Autor "Correa, Edvaldo Dandolini"
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Monografia Acesso embargado A (in)constitucionalidade da sucessão entre irmãos(2018) Correa, Edvaldo DandoliniThe present monographic work has as general objective to analyze the (in)constitutionality of the succession between bilateral and unilateral brothers in competition for the inheritance of the deceased brother, observing the article 1,841 of the Civil Code. To the elaboration of this study, the deductive method was used, since it was based on an analysis of the general matter to obtain the results. As for the method of procedure, the research is classified as bibliographic and documentary, hence the legislation, doctrines and articles on the subject were analyzed. Regarding the approach, the qualitative one was used, since it is the most adequate for the proposed objective. In the present study, we address the historical evolution of Brazilian filiation. Afterwards, we will discuss some fundamental principles related to the theme. There will be some considerations about inheritance law in general. Finally, the way in which the succession between unilateral and bilateral brothers is carried out, in competition with the inheritance of the deceased brother, demonstrates the arguments favorable and contrary to the provisions of article 1,841 of the Civil Code of 2002, in view of the principle of the Federal Constitution of 1988.