The appointment of Suzane von Richthofen as in São Paulo acted as a trigger for a debate that goes beyond the specific case and reached the National Congress. The information is from the newspaper The Globe.
The court decision highlighted a loophole in Brazilian inheritance legislation and accelerated the discussion about changes to the rules of hereditary indignity provided for in the Civil Code.
Today, the law prevents someone from being the beneficiary of an inheritance when the crime is committed against the author of the inheritance or against direct relatives, such as parents, children or spouse. There is, however, no automatic prohibition on receiving assets from other family members, even if the convicted person committed murder within the same family unit.
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It was precisely this point that allowed Suzane, already considered unworthy in relation to her parents’ inheritance, to take over the administration of her uncle Miguel Abdalla Netto’s estate, valued at around R$5 million.
The repercussion of the case led to the presentation of a bill in the Chamber of Deputies that seeks to expand the scope of succession indignity. The proposal, according to a survey by the newspaper, intends to allow convictions for serious crimes against family members to prevent access to inheritances even when the author of the estate is a collateral relative, such as uncles or brothers.
For the advocates of change heard by the The Globethe current rule creates situations that shock public opinion and weaken the idea of legal responsibility associated with intentional crimes against life.
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From a technical point of view, the discussion involves central concepts of Civil Law. Today, exclusion from inheritance is treated as a sanction and is therefore interpreted restrictively by the courts. Changing this design would require an explicit legislative review, as jurisprudence tends to avoid expansions by analogy.
Even so, the topic gained enough political density to advance in the parliamentary debate, especially given the strong social commotion generated by the episode.
The court decision that placed Suzane as executor also highlighted another recurring problem in estate planning in Brazil. Without a will, Miguel Abdalla Netto left the succession fully subject to legal rules, opening space for disputes and a legally valid, but socially controversial, outcome.
Experts point out that, as she is not a necessary heir, she could have been removed from the succession by simple testamentary disposition.
While the project is being processed in Congress, the inventory remains under the control of the São Paulo Courts, with powers limited to the conservation of assets.
