Análise da constitucionalidade do regime de separação obrigatória de bens para maiores de setenta anos

Abstract

This monograph critically analyzes the constitutionality of Article 1,641, item II of the Brazilian Civil Code (CC/2002), which imposes the mandatory property separation regime on individuals over 70 years of age who intend to marry. It thus examines the compatibility of this legal provision with the principles of human dignity and equality. Through an examination of the legal and historical context, the relevance of this norm within the Brazilian legal system is evaluated, particularly in light of the 1988 Federal Constitution and the current context, which increasingly values autonomy of will and equality. Accordingly, through the analysis of legal provisions, legal doctrine, and case law, as well as bibliographic research, this study questions the continued imposition of the mandatory property separation regime for septuagenarians. As will be demonstrated below, this legal imposition perpetuates stereotypes and prejudices, and constitutes an archaic and unjustified restriction on autonomy of will solely based on age. Therefore, there is a pressing need to reconsider the compulsory application of the mandatory property separation regime for individuals over seventy, due to its misalignment with contemporary reality, as well as with the principles of dignity and equality