Bill 23/26, which is being evaluated in the Chamber of Deputies, amends the Civil Code to prohibit heirs convicted of homicide from having access, through indirect means, to the assets of other relatives of the same family.
The proposal aims to prevent people who killed their parents, for example, from inheriting assets from their brothers, uncles or nephews.
The text makes reference to Suzane von Richthofen, sentenced to 39 years in prison for planning the murder of her own parents in 2002 and who is now serving her sentence in an open regime. The case once again had repercussions due to the legal possibility of her
The proposal extends the so-called “indignity institute” to collateral relatives up to the fourth degree. Under the current rule, the loss of the right to inheritance due to an intentional crime is only valid when the crime is committed against the owner of the assets, their spouse, partner, parents or children.
The author of the PL, deputy Dayany Bittencourt (União-CE), maintains that the project corrects loopholes in the law that could benefit criminals. “Allowing a murderer to inherit from another member of the family that he himself helped to tear apart is an indirect form of benefit, which tarnishes the purpose of the right,” he said.
The proposal is being processed conclusively and will be analyzed by the Constitution, Justice and Citizenship Committee. It will then be considered by the Plenary.
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After all, does Suzane have the right to her uncle’s inheritance or not?
Sentenced to almost 40 years in prison for the murder of her parents, she was considered unworthy of their inheritance.
But today, this penalty does not automatically extend to other relatives, as Marina Dinamarco, a lawyer specializing in family and succession law, explains to InfoMoney. And it is at this point that Suzane’s case tends to generate confusion.
In other words, there is nothing to prevent Suzane and her brother, Andreas von Richthofen, from receiving inheritance from other family members, including the deceased uncle in question, as long as there is no explicit clause in the will stating otherwise.
