A ALTERAÇÃO DO REGIME DE BENS NO CASAMENTO E A PROTEÇÃO DO CÔNJUGE VULNERÁVEL: ANÁLISE SOB A ÓTICA DA DIGNIDADE DA PESSOA HUMANA

Abstract

This study analyzes the possibility of altering the matrimonial property regime as a legal mechanism to protect the vulnerable spouse, in light of the principle of human dignity. It examines the historical evolution of marriage, the legal structure of property regimes, and the statutory foundations that allow their modification within the Brazilian legal system. Using a qualitative and bibliographic approach, the research demonstrates that the flexibility introducedby the 2002 Civil Code strengthens spousal autonomy, provided that legal certainty and the protection of third parties are preserved. The findings indicate that altering the property regime can correct economic inequalities, mitigate vulnerabilities, and prevent material injustices arising from family dynamics. The results further show that such modification, when duly justified, transparent, and aligned with good faith, constitutes a legitimate instrument for promoting conjugal balance, especially in contexts of economic dependence, professional renunciation, or patrimonial violence, reaffirming the centrality of human dignity as a guiding interpretive principle in Family Law.