A dogmática jurídica brasileira da sucessão hereditária como ferramenta concretizadora da dignidade humana, tendo como instrumento a solidariedade, a partir das intersecções jurídicas entre o público e o privado, no constitucionalismo contemporâneo : a autonomia privada versus o dirigismo estatal.

Abstract

Historical evolution carries with it a series of advances and setbacks experienced by populations over time. These elements, together, construct the legal daily life experienced in contemporary times. This means that the legal phenomena now being experienced, such as the constitutionalization of private law resulting from the legal intersections of the public and the private, are the results of all the processes carried out up to the present moment. Where the phenomenon of contemporary constitutionalism is found, it is important to note that the entire legal system must be in line with the constitutional text. Thus, succession law must observe what the principles and values set out in the Constitution of the Federative Republic of Brazil, promulgated in 1988, guide. Considering the scope of the challenge of building a legal system cohesive with the constitutional text, the question arises: how the right to hereditary succession can serve as a tool for realizing human dignity, using solidarity as an instrument, based on legal intersections between the public and the private, in contemporary constitutionalism, in the apparently dichotomous context between private autonomy and state dirigisme? To answer the question, the hypothetical-deductive approach method was adopted, starting from a general premise to ultimately analyze a specific premise, as well as testing the chosen hypotheses. As for procedural methods, historical and bibliographic methods were adopted. As for research techniques, the documentary research technique was used. Given this complex situation, the general objective of this study is to analyze how the right to hereditary succession, in Brazilian law, and the tools used to promote succession planning, notably donation and will, can be characterized as the use of the principle constitutional solidarity, to serve as instruments that materialize the dignity of the human person, based on the apparent dichotomy between private autonomy and state leadership in a context of legal intersections between the public and the private in contemporary constitutionalism. The present study initially addresses the historical evolution until the state of the art of contemporary constitutionalism was reached and how the dignity of the human person, through solidarity, became the main principle of the Brazilian legal system. Subsequently, we sought to analyze how private autonomy and state leadership work to implement the matrix principle and the importance of solidarity in this context. Finally, it was analyzed how inheritance law and succession planning tools can (or could) implement, through solidarity, the principle of human dignity. It concludes with the discussion on future perspectives for an inheritance law that is absolutely adequate to what is established in the Brazilian constitutional text. In this way, the aim is to provide greater constitutional clarity to the institute of legitimate succession, as inheritance law is often forgotten by the constitutional analyzes of civil law institutes. The study is carried out within the Postgraduate Program in Law at the University of Santa Cruz do Sul.