Análise da possibilidade do reconhecimento de uniões simultâneas à luz da sistemática trazida pela Constituição Federal de 1988

Abstract

A relevant issue in the area of Family Law currently concerns the possibility of legal recognition of concurrent families. Thus, we seek to analyze the possibility of recognizing these unions in the light of the Constitutional Order in force. For this, initially a timeline is drawn that allows us to verify the historical evolution of the concept of family, being analyzed what different doctrinal currents understand about the theme. Then, the work is dedicated to the study of guiding principles of Family Law, which give rise to the need to carry out a systematic interpretation of the positive norms. Finally, it proceeds to the analysis of judgments that considered issues related to the recognition of parallel families. Based on this, it appears that the absence of legal provision regarding the recognition of simultaneous unions gives rise to the need for the Judiciary to take the lead, which allows for the existence of situations that are too unfair, capable of generating the legal helplessness of people in situations of vulnerability, making the elaboration of normative provisions that expressly deal with the highlighted theme of fundamental importance. While this does not happen, it is the State-Judge's task to ensure the correct application of the rules that make up the legal system, taking into account the existing rules and principles, with the aim of ensuring that everyone has their rights protected, not leaving out the state protection a situation traditionally viewed with prejudice. Keywords: Recognition of Simultaneous Unions; Systematic Interpretation; Federal Constitution.