Direito de Propriedade: O poder de disposição e os efeitos da exclusão por indignidade do herdeiro.

Abstract

The present work is based on the analysis of the legal gap in the sole paragraph of article 1.816 of the Brazilian Civil Code. The legal command imposes that the individual sentenced to indignity the exclusion of the right of usufruct and administration of the inherited property is applied. before the presented, questioning the possibility of alienation of that asset in favor of the heir unworthy. From the analysis of law, doctrine and jurisprudence, it resulted in the finding that the last will of the de cujus must be understood in its entirety, and may be extended to in addition to succession acts. This will does not have the power to form an obligation, a since the obligation has a pecuniary bond between creditor and debtor, existing in succession only the moral duty of obedience. It was also found that the sentence of indignity did not can be understood as an inalienability clause, interpreted as an implicit effect of the exclusion, because only with just cause, and on the available part of the assets, if can record the property with such a clause, which makes it fully possible to dispose of the property in favor of of the unworthy.