Da relação entre direitos da personalidade e testamento: lições sobre prevenção de conflitos a partir do caso de Antônio Augusto Liberato

Abstract

This article aims to analyze the function of last wills and testaments as an instrument for the realization of personality rights after death, exploring its potential for the concretization of a post-mortem existential project. The research seeks to answer how the will can be used to safeguard the existential aspects of the decedent and prevent conflicts among heirs. The methodology employed involved a deductive and dialectical approach, starting from general conceptions of personality rights and succession law to analyze the case study of the succession of Antônio Augusto Liberato, with the objective of drawing specific conclusions and propositions. The main arguments developed point to the recognition of the post-mortem efficacy of certain personality rights and to the suitability of the will as a means of realization of the right to happiness and projecting existential autonomy beyond life. However, the analysis of the concrete case highlighted the need for improvement in succession planning techniques, with an emphasis on the use of mechanisms to stabilize legal relationships, such as the public form and the periodic review of testamentary dispositions. The conclusions of the article have theoretical and practical implications, reinforcing the need for a broader and more existential understanding of the succession phenomenon and pointing to the importance of improving succession planning techniques as a means of preventing litigation and realizing existential private autonomy.