Prescrição na ação de petição de herança, uma análise acerca da segurança jurídica sobre o entendimento do STJ

Abstract

The scope of this work is to analyze the divergent positions within the scope of the Superior Court of Justice regarding the starting point of the statute of limitations in Actions for Petition of Inheritance in cases of investigation of post mortem affiliation through a weighting between the principles of legal certainty and justice that come into tension in the controversial decisions of the Superior Court of Justice, as well as to seek possible alternatives constructed by the specialized doctrine. To do so, it takes as a basis, in addition to solutions that intend to weigh the principles that underlie the prescription institute, such as legal certainty and distributive justice, to verify which procedural mechanisms can eventually be applied to the subject of the present work, such as: the accumulation of inheritance petition actions and post mortem paternity investigation; the applicability of the Temporary Provisional Guardianships and the Consummative and Temporal Preclusion, in addition to issues that permeate the central objective such as the duty to mitigate the damage itself