A aplicabilidade da súmula 377 ao regime de separação convencional em uniões com violência patrimonial

Abstract

This paper seeks to analyze the applicability of summary No. 377 of the Federal Supreme Court (STF) to the separation of property regime, in relationships with patrimonial violence against women, to allow the communicability of assets acquired during the course of marriage, guaranteeing the victim's property right. To this end, initially, it presents the concept and modalities of patrimonial violence, as well as the scenario of its invisibility. Then, it enters the separation of property regime, analyzing the power relations structured by money, relating the incommunicability of goods with the vulnerability of women and the unjust enrichment of the aggressor. Finally, it examines the jurisprudence and doctrine on the Precedent No. 377 of the Supreme Court in order to understand its current patterns and, without intending to exhaust the theme, concludes by its application to guarantee the protection of women victims of this violence, especially in unions under the separation of property regime. The problem was approached through a qualitative nature, mainly with the use of bibliographic and documentary research methods.