A reading of the legitimate in the successory law under the lens of solidarity

notes for thinking about the relevance of the limit to private autonomy

Abstract

This scientific article deals with the relevance of the limit to private autonomy in Brazilian Succession Law, in line with the constitutional principle of solidarity. The reasons for the protection of the legitimate property to the necessary heirs were analyzed, a legal situation based on the principles of the Federal Constitution of 1988, especially in family solidarity. Thus, we sought to demonstrate that the Law of Succession, one of the branches that make up the country's private law, must be guided by constitutional norms, so that private autonomy, regarding the testamentary disposition, does not imply in damages to the legitimate succession. In its contemporary format, the national legal system no longer supports the absolute separation between the autonomy of the individual and the performance of the State. The methodology used was qualitative, with the observation of the inductive method, using legal and doctrinal diplomas as sources of research. In this sense, an attempt was made to demonstrate the need to materialize the solidarity advocated by the Major Charter. Building a solidary society is a constitutional objective, so that the legitimate one brings this purpose to the family context. It is concluded, therefore, that it is relevant to think about private autonomy under the lens of legitimacy and the principle of solidarity.