Os efeitos sobre a exclusão do herdeiro pela Declaração de Indignidade, com fundamento no artigo 1814, inciso I do Código Civil, diante da Sentença Absolutória do Tribunal do Júri Popular

Abstract

This paper seeks to analyze the effects of the absolute judgment of the criminal court in case of intent against life and the consequent civil action of exclusion of inheritance by declaration of indignity. The goal is to determine if there is any form of linking between the spheres, what are their effects and alternatives to avoid the achievement of contradictory decisions. Therefore, The logical-deductive method was used, with a qualitative approach, based on the doctrinal construction, research through legal articles, legal journals, jurisprudence, constitutional and infraconstitutional norms. There was a possibility of overestimation the file of the indignity proceedings during the probationary stage of the Jury, as well as the existence of binding effects on the civil sphere depending on the type of judgment issued in this phase. If there is an admissibility judgment and the case is referred for judgment by the lay jurors' judgment, there will be no effect of their verdicts on the civil sphere, due to the lack of reasoning of the votes of the judges of the popular jury.