masterThesis
União simultânea: possibilidade do seu reconhecimento jurídico como entidade familiar de acordo com a nova ordem civil constitucional
Fecha
2019-08-29Registro en:
FERNANDES, Juliana Bezerra. União simultânea: possibilidade do seu reconhecimento jurídico como entidade familiar de acordo com a nova ordem civil constitucional. 2019. 108f. Dissertação (Mestrado em Direito) - Centro de Ciências Sociais Aplicadas, Universidade Federal do Rio Grande do Norte, Natal, 2019.
Autor
Fernandes, Juliana Bezerra
Resumen
Since the social, political and cultural evolution, the models of family constitution
have changed as time passed. Society has moved out of the historical context of
group marriage into the monogamous model of marriage, with the aim of ensuring
biological paternity, a crucial element for the head of household to give his
inheritance to the legitimate child through inheritance. Over time, other forms of
family arrangements emerged and were recognized by the state, such as the stable
union and the single-parent family. However, despite not being included in the
constitutional text or in the infraconstitutional legislation, simultaneous families were
formed and nowadays they constitute a factual reality, whose search for legal
recognition has grown. No wonder there are numerous demands in this regard within
the judiciary. Due to the lack of a specific rule on the subject, each court decides
according to its own convictions, sometimes treating this relationship as a de facto
society, sometimes as a family entity. In order to provide legal certainty and
uniformity in legal decisions, this dissertation proposes to study art. 226 of the
Brazilian Federal Constitution, analyzing whether it lists a taxative or merely
exemplary list of family entities recognized by the national legal system. This paper
was done regarding constitutionalization of Civil Law, also as the constitutional order
inaugurated with the Federal Constitution of 1988, which granted normative force to
the general principles. Finally, it is intended to determine whether or not
simultaneous unions can be legally recognized as family entities, receiving or not the
special protection of the State.