União estável: divergência entre o dever-ser e o fazer dos tribunais

Abstract

This work has as its theme the stable union, formerly called pure concubinage. A research is done on the history of the subject and a jurisprudential survey on the treatment given to this subject. The main objective of the work is to analyze in a comparative way the concept given to the stable union by the doctrine to the detriment of the treatment that this institute receives from the Courts, besides to verify the approach that received the stable union by the infraconstitutional legislation. The method used was hypothetico-deductive. Among the specific objectives are the analysis of the understanding given by the doctrine about the institute of the stable union of succession in the institute of stable union and to discuss about the understanding given to succession in this type of family entity and in marriage by legislation, doctrine and jurisprudence. As for the procedure, the methods used were historical and comparative. Direct documentation through bibliographic and documentary research was the applied research technique. It was thus possible to arrive at the answer that there is a movement in the courts that is biased against the recognition of the rights of the people who form a stable union, placing it in a situation inferior to the institute of marriage, Both institutes should receive equal treatment.