A autonomia da vontade sobre o direito de herança

Abstract

The present work has as theme the autonomy of will, specifically private autonomy, on the right of inheritance. The issue that limits the testator's autonomy will be addressed, highlighting the need to softening the legitima succession in the Brazilian succession law. For this purpose, articles from databases such as Google Scholar, bibliographic works and doctrines related to the succession theme were analyzed, initially,a historical analysis of the emergence of autonomyof the will and its evolution will be presented. With the general objective to analyze the limitation of the autonomous private will that has occurred in the legitimate, both in the case of patrimoniality and succession planning. The analytical method was used through the analysis of articles from databases such as academic articles, bibliographic works, and related doctrines. Also highlighting about the social function of private autonomy in the succession plan and in the right to property.