Uma análise da herança em casos de indignidade no Brasil

Abstract

This paper presents an analysis of the consequences of indignity's cases in inheritance under Brazilian law. The purpose was to discriminate to what extent the exclusion of succession for indignity causes the legitimacy of the Public Ministry to act in the active pole of the Ordinary Action of Indignity. For that, the deductive methodology was used, through the technique of bibliographic research, through the study of indoctrinators, having as main references Maria Helena Diniz, Pablo Stolze and Eduardo de Oliveira Leite who approach on the indignity and the legitimacy to exclude the heir of the succession. It was concluded that it is possible and necessary for the Public Prosecutor to act in the active pole of the Ordinary Action of Indignity insofar as the exclusion of succession for indignity gives legitimacy to that body to act as guarantor already in the legal order, designated to protect the democratic regime, social interests and, mainly, the right to life.