The peculiarities of the judicial process of inheritances in the Code of Civil Procedure and case law of the courts Rafaela Nascimento de Andrade, Celso Ricardo Peel de Oliveira

Abstract

Background: The probate lawsuit is a special procedure with many specificities, but which uses the common civil procedure in a subsidiary manner. Problem: The probate/inventory procedure is known for its bureaucratic complexity, however, the use of appropriate means ensures that the process has a regular course and official momentum to make it faster and more effective. It is a procedure that requires several documents and may involve a large number of people, depending on the amount of assets and heirs. Objective: The present study aims to demonstrate technically, based on the Code of Civil Procedure and the case law of the Courts, that the process as a means of obtaining the desired protection is an effective and fast instrument. Method: In order to achieve the proposed objectives, the analytical-comprehensive method was used, through which the object under examination will be studied from an eminently legal perspective, with a view to pointing out the main procedural differences of the special probate procedures understood from a systemic and critical view of the legal system and applied case law. Results: Several aspects were analyzed, demonstrating that knowledge of the necessary documents, combined with appropriate techniques, make the Inventory process a possible and effective means of obtaining rights. Conclusions: The article concludes that knowing the many peculiarities involving the procedure, its own characteristics, including objective cause of action, concurrent legitimacy, the Saisine principle, costs by the estate, among others, and applying them makes the succession process an efficient and positive instrument of jurisdiction.