Interpreter of some of the most famous songs in Brazil, the singer Beloved Baptist It has sold over 12 million records. In recent weeks, however, the artist’s name has repercussions on the news and social networks for another reason: 26 days after turning 74, the singer married Miss Universe Mato Grosso 2024, Calita Franciele Miranda de Souza 23 years old.
The age difference of 51 years, the beauty of the bride and the groom’s fortune-beloved has estimated heritage of more than $ 1 billion-the farm where the marriage was held in Cocalinho-MT, is valued at $ 350 million-yielded questions about marriage.
But the union was made with Total separation of goods legal regime that, if they separate or any of them die, one person will not be entitled to any part of the other’s assets, unless the property has been purchased during the marriage and the party proves that it contributed to the acquisition.
This regime was mandatory by law whenever one of the bride and groom was 70 or older, as is the case with Batista. In February last year, however, the Federal Supreme Court (STF) changed the interpretation of the rule.
In judging a specific case, the Supreme Court determined that the couple can choose any property regime (total communion, when the couple becomes all the goods of either party, including those acquired before marriage; partial communion, when the couple are acquired by either party from marriage; and total separation), simply make a public deed in the chosen regime. The singer could have married in a regime of total or partial communion of goods, therefore.
Historically, the obligation of total separation was adopted by the legislator to protect the heritage of the person considered elderly and the right of his successors. In theory, it would avoid marriage for interest with a rich person and at the end of life. The 1916 Civil Code forced the adoption of this regime in marriages involving men 60 or older or women or more.
Almost ninety years later, the 2002 Civil Code maintained the obligation of total separation, now for men or women aged 60 or older. In December 2010, a law proposed by federal deputy Solange Amaral increased to 70 the age from which the obligation was in force.
“I was motivated by a 63 -year -old friend who was getting married for the second time. He said to me: ‘I can choose the President of the Republic, but I can’t choose my wedding regime.’ Agency Chamber of News.
Change after Bauru’s case
The most recent change is due to a legal dispute that began after the death of a man in Bauru. He became widowed and at 72 he began to live with a mate. He died 12 years later, in 2014.
In 2017 the STF stipulated that companions have the same rights as the spouse, and the woman then decided to enter the court to try to receive part of the inheritance.
But it bumped into another rule, the obligation to separate the total separation of goods established by the Civil Code when marriage involved a person over 70 years old. Lawyers Ageu Libonati Junior and Alex Libonati went to court in the name of women claiming that this article of the Civil Code was unconstitutional, for violating the principles of human dignity and equality.
In the first instance, in March 2018, Judge Lícia Pena, of the 2nd Family and Successions of Bauru, accepted the arguments and determined that the companion of the dead person received part of the inheritance.
His descendants appealed to the São Paulo Court of Justice (TJ-SP), which reformed the sentence, considering the obligation of total separation when any of the spouses is 70 or older.
“The intention of the legislator was to protect the person from the elderly and their necessary heirs of marriages performed solely for economic-patrimonial interests. This is nothing irregular,” said Judge Alexandre Marcondes, rapporteur of the appeal, in his vote, in June 2019.
The Libonati brothers resorted to the Supreme Court, who judged the new appeal in February 2024. “The device (…), if interpreted absolutely, violates the principle of human dignity and that of equality,” says the decision of Minister Luís Roberto Barroso, rapporteur of the appeal.
“The principle of human dignity is violated in two of its aspects: individual autonomy, because it prevents people capable of practicing acts of civil life from making their existential choices freely;
“The principle of equality, in turn, is violated by using age as an element of unbalanced people. (…) Older people, while retaining their mental capacity, have the right to make choices about their lives and the disposition of their goods,” he continues.
The decision determined that from there, in the absence of express disposition of the spouses, the total separation is adopted, which, however, can be replaced by a public deed. “In marriages and stable unions involving a person over 70 years, the regime of separation of goods provided for in art.
In the case that generated the decision, the companion of the man who died in Bauru was not entitled to sharing, because the couple had not done the document by establishing a different regime from the total separation of goods. The change is allowed to any couple who are alive, even for those who married before the STF decision.
The change was considered fair by the experts. “The rule is already about to be modernized once again: the Civil Code reform bill that was filed in the Senate on January 31 stipulates as a rule for spouse of any age the partial communion regime, as it is today for those under 70,” says Libonati Junior.
“Every day President Lula makes decisions that affect the life of an entire country, but until last year could not decide which property regime to adopt, in marriage, because it is over 70 years. “A 16 -year -old can get married if he is authorized by his parents and choosing any property regime. Already a 70 -year -old man, much more experienced than the other, could not choose.
“The decision represents an evolution in the recognition of private autonomy and the dignity of the elderly. The automatic imposition of total separation, regardless of the civil capacity or willingness of the spouses, created an excessive limitation, without considering cases where the septuagenary is fully conditioned to manage their assets and wishes to share them with the spouse,” says lawyer Emanuel Pessoa, Master in Harvard Law School and Dr. USP.
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Source: CNN Brasil
I’m Robert Neff, a professional writer and editor. I specialize in the entertainment section, providing up-to-date coverage on the latest developments in film, television and music. My work has been featured on World Stock Market and other prominent publications.
