Principais críticas da doutrina nacional ao atual formato da legítima no ordenamento civil brasileiro: apontamentos e sugestões de revisão do instituto à luz da solução inglesa

Abstract

This article is intended, within the limitation imposed by its size, to present the main critics that national doctrine makes in relation to the current format of the legitimate in Brazilian legislation. Through bibliographical research, the historical aspects essential to the proper understanding of the matter are analyzed, and the fundamental legal concepts that involve the theme are presented in the sequence. In addition to the legitimate institute, its brief historical overview, concept and foundations, the principles of private autonomy and family solidarity are presented, which encompass the greatest discussions involving the legitimate. In the sequence, the main critics of the national doctrine to the institute under study are presented, being presented, in the end, the solution adopted by English Law and its apparent compatibility, with the due adjustments, with the civil constitutional reality of Brazil.