The Regime of Compulsory Separation of Goods and the Entry n. 377 of the Supreme Federal Court’s Jurisprudence Repertoire

Abstract

The purpose of the legal discipline determining a mandatory separation of goods in marriage is to protect the interest of spouses which might get into conflict with the communion of goods. Entry n. 377 of the “Súmula” (repertoire of predominant jurisprudence) of the Brazilian Supreme Court violates the law, contradicting thus the legislator’s purpose. This work proposes the possibility of the spouses choosing exactly what the law determines, by means of a prenuptial agreement.