A outra família: a necessidade de regulamentação das relações concubinárias no ordenamento jurídico pátrio à luz do atual conceito de família

Abstract

In the evolution of the concept of family, being understood as a space for happiness and developing the potential of each individual, based on social changes and the principles of the Federal Constitution, especially the human dignity. We can find in the new concept of family different family models, such as those formed by concubinage relationship. In this context, it is important to pay attention to the legal effects of these relationships, trying to prevent these new family entities are discriminated or suffer prejudice. Relationships beset with affection should be regulated for Family Law, not by Commercial Law. Thus, justice will be done and decreased discrimination in this family model, which is not expressed in the Constitution, because the Government has the obligation to ensure the fundamental rights of individuals. To achieve effective justice and the no discrimination to any family arrangement, the Legislative should regulate this social fact, because it is no longer acceptable that members of concubinage relationships continue in the field of legal uncertainty.