O The subject of this article is to analyse the residence right of the surviving partner over the property in which the couple resided, the property of the deceased, in the light of the right to death and protection of the family, as provided for by the Federal Constitution, Article 1.831 of the Civil Code, the sole paragraph of Article 7 of Law No 9.278 of 10 May 1996 and the principality applicable to the matter. The crucial question to be addressed starts from the premiss that, even if there is a legislative gap in the Civil Code, as far as the right to housing in the estate of partners is concerned, it is essential to lose out on the maintenance of that right either because the command provided for in the previous legislation, which has expressly dealt with the matter, would still be in force, or because it is a fundamental right. The purpose of the investigation in response is to convincingly, to the incessant search for good reasons to defend the legitimacy of the law, in Bobbio. On the other hand, it must be noted that Article 1.831 of the Civil Code, by expressly guaranteeing the right to housing only for the surviving spouse, without, however, referring to stable union, cannot be interpreted as meaning the intention of the legislature, purely and simply, to exclude the right to housing for partners, since, if that were the case, it would do so in a discriminatory, unequal and retrograde manner, and would deny the change in the list of human rights throughout history. The methodology used to produce the article is analytical, empirical and critical.