The information is from lawyers, who analyzed the case at the request of the report. The lawyer specializing in Civil Law, Caroline Cotrim, said that the daughter of the elderly woman could be excluded from the succession, in view of the acts carried out against her mother. “The hypotheses that authorize disinheritance are established in articles 1814, 1962 and 1963 of the Civil Code. In the specific case, the daughter would incur the physical offense and serious injury raised so far”, she said. She explained that the exclusion in the will for unworthiness only occurs in some specific cases.
“A famous case of this type, of indignity, is that of Suzane. She is the author of intentional homicide against her parents. Disinheritance requires manifestation of the will of the author of the inheritance in the will, and in the case of indignity, it is proposed by the Public Ministry”, declared. The lawyer claimed that there would be no question of indignity in the case of the coup-mongering daughter because it would be a case of a will.
The professor at FGV Direito Rio, Gustavo Kloh, pointed out other possible situations. “If the elderly woman has no will, the daughter may be considered unworthy. Or, it is possible that, in life, she could disinherit the daughter in her will. “For example, Suzane Von Richthofen killed her father and mother. She was declared unworthy, she didn’t have a disinheriting will, but she was considered unworthy,” she said. “If this lucid elderly woman wants to make a will disinheriting her daughter, she can. If she does not write her dissertation in her will, after her death, other heirs may claim that her daughter is unworthy.”
Some works of art that were stolen from the elderly woman were sold to the Museum of Latin American Art in Buenos Aires (Malba). About this, Gustavo pointed out that it is possible to cancel the sales on the grounds that fraud occurred. “She was deceived, deluded. For this to be done, it is necessary to file a lawsuit seeking to cancel the sales and asking that the goods, even if sold in a ‘legal’ way to the museum, be returned”, he declared. “She needs to say that there was fraud and the museum will have to try to get the money back from the scammers, or it could lose everything,” Gustavo concluded.
For the art historian, Regina Teixeira de Barros, based on the Code of Ethics of the National Council of Museums, Malba made a mistake for not researching the origin of the paintings that were purchased. “The Code of Ethics is very well written and very clear in what it says. Works of art acquired by a museum cannot be stolen. That goes for all types. Regarding these paintings, I imagine there is no excuse for the museum not to do research before buying these works, as they are unique”, he said.
“The painting Sol Poente by Tarsila is a unique work, for example. So, let’s see how Malba will act. The museum now knows that the works were stolen, let’s see how he will proceed, because according to the code of ethics, the museum would have to return them”, concluded Regina.