A ação de indignidade, sob a Égide do artigo 1.815-A do código civil: novas nuances e possibilidades

Abstract

This Final Paper aims to analyze, in light of the most recent regulations, the aspects surrounding the action of indignity, through the comparison of related institutes, such as the action of disinheritance and the action of revoking the donation, in order to to understand the unique aspects of this procedural means from the perspective of Brazilian civil law. Thus, using an analysis of the general institutes of inheritance law, as well as the various satellite and specific principles of succession law, this work seeks to find a solution to understand the general repercussions of novel art. 1.815-A of the Civil Code, especially with regard to the existential continuity of the indignity action as an autonomous institute of civil law. In this way, the passage through the history of the precedents of the current standardization, the comparison with similar institutes, as well as the incessant search for the “spirit of the law”, ratio legis, the real will of the legislator, proved to be guides for the progress of the present, and bring fundamental theoretical contributions to understanding the very recent legislative change in its future practical application