Uniões paralelas: considerações acerca do reconhecimento e tutela no ordenamento jurídico brasileiro

Abstract

The purpose of this study is to evaluate the legal and patrimonial effects that emerge from the possibility of recognition of parallel unions in the scope of Family Law and Brazilian Succession. From this perspective, this research sought to defend the rights of people who, based on love and the principle of affection, choose to live in a stable union, thus forming a family entity. It is understood that the legal order of the country cannot penalize people to the detriment of their feelings or their family formatting, and there must be a teleological and extensive interpretation of art. 226 of the Federal Constitution of 1988, which - according to several authors - forms an exemplary role of family entities, with the purpose of accompanying the changes of the society in order to ensure that no one has their rights repressed for social, moral or based on customs, in view of the ceaseless evolution that permeates society and new family arrangements, which are essentially based on affection and respect. However, the juridical-legal treatment attributed to this new family mold has not been pacified, generating varied understandings in the area of judgments handed down in Brazilian courts, remaining in this respect a large gap in national legislation. That is, there is no legal solution to effectively remedy the problem. However, it is argued by the understanding that such simultaneous or parallel families deserve to be welcomed by the judiciary, especially with regard to the principle of affection and human dignity. Regarding the methodological procedures adopted in this study, a bibliographical research based on qualitative information obtained in the light of the most authoritative doctrine in the Brazilian juridical area was used, as well as in decisions rendered within the national Courts.