Abstract
This article analyzes the limitation on the freedom to test in the Brazilian legal system, with emphasis on the need to respect the legitimate portion. In Brazil, the right to testate, although guaranteed, is restricted by the obligation to reserve 50% of the estate whose necessary heirs (descendants, ascendants and spouse), as provided for in the articles. 1,845 and 1,846 of the Civil Code. The legitimate portion aims to protect the family and ensure an equitable division of the patrimony. The violation of this rule results in legal consequences such as the reduction of testamentary dispositions and, in some cases, the partial nullity of the will, according to articles 1,967 and 1,969. In addition, living donations that exceed the available portion are also subject to judicial review, according to articles 2,002 and 2,007 of the Civil Code. Authors such as Maria Helena Diniz, Silvio de Salvo Venosa and Zeno Veloso highlight the importance of the reserved portion as a mechanism for the protection of necessary heirs, emphasizing its character as a rule of public order. Brazilian jurisprudence confirms the centrality of the reserved portion in succession, consolidating its function of limiting the freedom to test and ensure a fair and equitable inheritance. The article concludes that the reserved portion is essential to guarantee the social function of inheritance in Brazilian succession law.
