Autonomia privada e direito das sucessões: uma análise acerca da pertinência da sucessão necessária e reserva legítima na contemporaneidade

Abstract

The present work proposes to carry out a dialectical discussion about the necessary succession, reserve of legitimate and private autonomy, in order to understand the relevance of maintaining these institutions in the contemporary Brazilian legal system, promoting an analysis of the possible clashes and alignments between private autonomy and the institutes.In this sense, in the first chapter a historical overview of the succession rights is made, seeking to understand the reasons for the creation of the necessary succession. In the second chapter, an analysis is carried out about private autonomy, its concept, its nuances, bases, limitations and developments within the order and civil relations, to understand how the compatibility of the institute with the law of succession works. In the third chapter, we investigate the existence or not of the necessary and legitimate succession in comparative law, in order to understand how other countries have dealt with the subject today. Finally, the relevance of the necessary succession and reserve of legitimate is challenged, through the analysis of the historical foundations of the institutes, the context, current values and social needs, the issue of the vulnerable and what is found in the comparative law, concluding with the clash between private autonomy and the necessary and legitimate succession in contemporary times.