A inconstitucionalidade do art. 1.641, II, do código civil de 2002 à luz da Constituição Federal de 1988.

Abstract

This monograph is titled the unconstitutionality of Art. 1641 of the Civil Code II 2002 in the light of the Constitution of 88. This issue has been addressed in order to answer the research problem, which is why the Civil Code 2002 prohibits the freedom of choice of the elderly when the Federal Constitution 88 tells us that we are free and equal before the law? To this end, it sought to demonstrate that the wording of Art. 1641, especially the section II of the Civil Code is unconstitutional from the moment that it excludes the choice of property regime taking into account the age (s) betrothed (s ), thus contradicting the principle of freedom and human dignity, present in the Constitution of 88. To develop this study we used the method of literature, in which it sought the collection and survey data collections and thus, and organized the information gathered in fichamentos, abstracts, reviews and cataloging. Then, based on the data obtained, we sought to study the information, being built new analysis by the analytical and hermeneutic resources. At the end of this it worked, it was observed that the doctrine of majority form understands that the said clause of Art. 1641, in fact, is unconstitutional because it is inconceivable that make this differentiation to septuagenarian, sealing their constitutional rights, against the right freedom of choice and the principle of human dignity.