By: Vitor Antony Ferrari and Ivan Kubala

Brazilian law protects the interests of all family members and, since 1988, with the Federal Constitution, has eliminated the difference between children born in a marriage, those born out of wedlock and adopted children. In this way, children are equal before the law and have the same rights. 

The same occurs, but with limitations in the case of the right to succession of half-siblings, in the specific case of the deceased not having necessary and direct heirs, such as living children, parents and spouse. 

In this case, due to the absence of direct ascendants and descendants of the owner of the assets, the succession would be directed to the collaterals, with the Brothers being called upon to carry out the division of assets and rights left behind. 

 When the deceased leaves behind siblings and half-siblings, they compete for the inheritance in proportion to their family ties, that is, if the heir is a brother of both father and mother, called bilateral, such heir would receive double the amount directed to the half-brother, unilateral. 

 This is the determination of the civil code which provides: 

Art. 1,841. If bilateral siblings compete for the inheritance of the deceased with unilateral siblings, each of the latter will inherit half of what each of the former inherits. 

Given this factor, it is very important that people evaluate their family situation and consult a professional who can guide them in the case of removing or guaranteeing rights and benefits for people in their family and fraternal circle, thus preventing acquired assets from being improperly directed to each person's last will.