SUCCESSION PLANNING AND PRENUPTIAL AGREEMENTS: A BRAZILIAN CASE STUDY

The paper analyzes the possibility of waiving the competition law of the spouse or partner by means of a prenuptial agreement or cohabitation contract, considering that the Brazilian legal system, in the current wording, does not offer a direct and legally stable way to align, in a preventive way, the patrimonial effects of living together with the succession effects of death. The research adopts the deductive method, with a bibliographic procedure, based on doctrine, jurisprudence, legislation and sources pertinent to the theme. In the end, the relevance of the legislative debate on the possible amendment of article 426 of the Civil Code is highlighted, insofar as proposals such as PL 4/2025 signal the search for clearer criteria to deal with the matter, reinforcing private autonomy and the need to adapt the system to contemporary family transformations.