Regulations on the marriage of persons over 70 years of age in Brazil: analysis from the legislative and jurisprudential perspective

Abstract

This article has as its main objective to address particularities about marriage and property in Brazilian law, focusing specifically on the separation of property system, its hypotheses of mandatory applicability and the situation of the elderly person facing this burden established by the homeland legislation, which establishes the separation of property as a compulsory regime of observance in Brazil, so that the person over seventy years can marry legally valid and legitimate. From these points, based on bibliographical and documental methods, the intention is to substantiate and enrich the discussion about the situation of the elderly in relation to the legislation, especially with regard to the jurisprudential perspective, since it is an issue widely discussed and disseminated within the Federal Supreme Court, which is currently addressing the matter and, in the factual context, is in the process of giving new delineations to this dispute.