Análise do reconhecimento civil às famílias resultantes de concubinato adulterino: da ausência de proteção à necessidade de regulamentação jurídica

Abstract

Marriages parallel to a marriage, called adulterous concubinage, have occurred in Brazilian reality for centuries, with great frequency. It happens that they have always been discriminated against, and the rights of their participants, suppressed. In the post-1988 constitutional context, in view of the principles brought about by the Magna Carta, it is possible to recognize such unions as a family entity, otherwise the opposite would imply disrespect for the dignity of the human person and equality. Affection has been recognized as a crucial element in the formation of a family, serving the acceptance of increasingly plural family entities. However, purely literal interpretations of the Civil Code in force may lead to the suppression of the rights of the concubines, since the said civil diploma has the subject in an unsatisfactory way. The aforementioned situation, then, meets the guidelines of constitutional principles. If affection, ostensibility, stability and durability are present in a love relationship, the denial of its recognition by judicial decisions from the plural view of the contemporary family. The work aims to understand the adulterous concubinage and the legal treatment given to matter. The chosen methodology consists of bibliographical consultations of national and international works, as well as comparisons between concubinage and other institutes of Civil Law, such as marriage and stable union.