A flexibilização da imposição do regime de separação total obrigatória aos nubentes maiores de 70 anos

Abstract

The imposition of the mandatory total separation regime for married couples over the age of seventy is a topic that is constantly debated and developed, gaining greater prominence recently after the thesis established by A.R.E 1,309,642, within the scope of the STF. Given this, the present research's initial objective is to address marriage and its positiveness, clarifying the principles inherent to it. Next, the device that imposes the legal regime on those over seventy years of age is analyzed, investigating its taxable subject and the motivation of the original legislator. Furthermore, we seek to study the evolution of the specification on the topic. To achieve the objective of this dissertation, bibliographical research, scientific articles and updates on the subject were carried out. It was concluded that the prevailing understanding is that the imposition of mandatory total separation for those over seventy is unconstitutional, revealing a clear ageism in the norm. Finally, it is believed that the understanding of the majority doctrine, as well as the consideration of the principles guaranteed by the Brazilian Federal Constitution, was reflected in the formation of Theme 1,236, of the STF, which decided on the possibility of flexibilize the rule.