A viabilidade jurídica da união poliafetiva e o Conselho Nacional de Justiça

Abstract

Polyaffectivity unions, although already a reality in the Brazilian social environment, remain legally ignored, being considered by many as an immoral practice and contrary to customs, leading to those who adopt it to live under the discriminatory mantle of society. The first record of a polyphonic union in Brazil occurred in 2012, in São Paulo, fomenting debates on the subject, both in the legal sphere and in the social sphere. In the face of the discussions that arose from that, the National Council of Justice was provoked by the Association of Family Law and the Successions with the intention of prohibiting the registry registry of these unions. The purpose of this study is the analysis of the legal feasibility of poliaffective unions in the Brazilian legal system after the decision of the National Council of Justice. Thus, the research problem is summed up in this question: can it be legally feasible to have a police union after the decision of the CNJ? In a deductive way, based on doctrinal studies, based on the current legislation and the guiding principles of affective and family relations, it is positively confirmed that non-monogamous relations based on consent require adequate legal protection.