STJ validates Gugu Liberato’s will and does not recognize Rose Miriam as heir

The 3rd Panel of the Superior Court of Justice (STJ) decided this Tuesday (20/6) to reverse the decision of the Court of Justice of São Paulo (TJ-SP), which reduced the testamentary disposition of Gugu Liberato. In this way, the presenter’s desire to leave 75% of his assets to his children and 25% to his nephews is again valid.

With that, Rose Miriam Di Matteo is not recognized as one of the heirs. She filed a special appeal with the STJ asking for a review of the will and the distribution of the inheritance. The process of recognition of stable union, moved by the widow, continues normally.

Lawyer Nelson Willians, who represents Gugu Liberato’s daughters in the lawsuit over the property dispute, said he respects the decision, but will appeal. The STJ, on the other hand, did not comment on the case, responding that it is a process that is being processed in secrecy of justice and, even though the judgment was public, they are legally prevented from providing information about it.

In the will, the presenter disposed of 100% of all his assets, without respecting the legitimate part of the children. According to Brazilian law, the testator must protect half of all his assets (legitimate part) and only dispose of the other half (available part) in his will.

According to Willians, the decision goes against the express provision of the specific legislation and even the Court’s own jurisprudence, in the case of a breach of a concept of public order, opening precedents and bringing legal uncertainty to the Brazilian legal system. “If it had been presenter Gugu’s intention to leave 25% of the total, he would have tested 50% of the part available to nephews and not 25%”, evaluates the lawyer when commenting on the STJ’s decision.

The judgment session of the Third Panel is available on the link to the STJ channel on YouTube.

Third Panel – STJ – 06/20/2023