A (IM)POSSIBILIDADE DE PREVISÃO INDENIZATÓRIA NOS CONTRATOS QUE REGULAM AS RELAÇÕES FAMILIARES NO BRASIL

Abstract

This study addressed the issue of compensatory provisions and their insertion in the context of Brazilian family relationships. In light of the current legal system and case law understanding, the main objective was to analyze the possibility of including compensatory clauses in contracts that regulate family relationships in Brazil. The methodology used was qualitative, based on the bibliographic analysis of legal works, legislative diplomas, scientific articles, monographs and precedents in case law. The results found demonstrate a tendency to recognize such a possibility. However, it was found that it is necessary to observe the limits imposed by the principles that govern Family Law in Brazil. This is due to the continuous expansion of the phenomenon of contractualization, resulting from the power arising from private autonomy, which currently allows the creation of spaces for its own regulations. Thus, it is concluded that, although there is no express provision in the legislation, case law tends to recognize, in the context of family relationships, the most diverse types of damages, thus allowing, through the institute of civil liability, the realization of the right to compensation.