Possibilidade de inventário na modalidade extrajudicial mesmo havendo herdeiro incapaz

Abstract

This article aims to evaluate whether there is the possibility to allow extrajudicial inventory in situations that have a legally incapable heir. Its main objective is to assess the possibility to unite the agility of the extrajudicial inventory with protective and best interest requirements of the incapable. The research was compiled using deductive and statistical methods through bibliographic research, juridical books, governmental documents, and relevant legislation. The article explains the brazilian Law of Succession particularities and also the extrajudicial inventory and its features, the use of the attorney general and the notary as a law supervisor. Furthermore, the already effective permission off the extrajudicial inventory when there is a testament, regaarding the necessary out of court procedure tendencies in Brazil, the research was sufficient to conclude that the legal possibility of having a extrajudicial inventory where there is a incapable heir is eminent; the procudere have recently being authorized in court decisions, has the support of the legal doctrine, has law projects in the brazilian senate and demands aplicabilities already found in another extrajudicial procedures.