A alteração sistêmica provocada pela possibilidade da exclusão automática do indigno

After the tragic murder of Manfred and Marísia von Richthofen, which occurred on October 31, 2002, several bills were presented. Precisely one of them, the one that introduced Article 1815-A into the Civil Code, begins to authorize the automatic exclusion of the unworthy in the case of a criminal conviction, in competition with the civil instance. In this context, the research proposes to investigate whether the enactment of Law No. 14.661/2023 has the capacity to change the legal regime of exclusion of the unworthy, causing irritation to the legal system. Starting from the hypothesis that the profound changes provoked, despite being complex, will inevitably be absorbed within the legal system. The research was structured into four parts: presentation of the right to inheritance as a fundamental right and the conditions for limitations; the legal regime of exclusion of unworthy heirs or legatees in Brazil; the changes caused by the insertion of Article 1815-A into the Civil Code; and the inadequacy of the penal instance for the declaration of unworthiness. For the development of the research, a bibliographic survey was carried out, including books, scientific articles, legislations, and relevant bills. The research has theoretical foundation based on Niklas Luhmann's studies on social systems. The hypothesis was confirmed

Humanities · Brazilian Legal Issues · Criminal Justice and Penology · Law, Economics, and Judicial Systems · Philosophy