RELEITURA DA SÚMULA 377 DO SUPREMO TRIBUNAL FEDERAL E NECESSIDADE DE ADEQUAÇÃO HERMENÊUTICA AO CONTEXTO JURÍDICO ATUAL NO QUE DIZ RESPEITO À PRESUNÇÃO DE ESFORÇO COMUM PARA A COMUNICABILIDADE DOS BENS

Abstract

This article aims to study the consequences of Precedent 377 of the Federal Supreme Court and the need for hermeneutical adaptation to the current legal context with regard to the presumption of common effort for the communicability of matters under the mandatory separation of assets regime. It is necessary to clarify the effects of STF Summary 377 before the Civil Code came into force in 2002, considering that the topic is of great importance in the lives of those who are subject to the regime of mandatory separation of assets by imposition legal. The article highlights the importance of marital protection for ex-spouses and the search for a balance in the rights and interests of the parties involved in family relationships, as well as the relative presumption of common effort in the communicability of matters in the surveillance of the patrimonial regime, in compliance with the Summary 377 of the Federal Supreme Court.