Poliamor: aspectos conceituais e possíveis reflexos no direito previdenciário

Abstract

It was examined the family entity’s concept and its consequential reflexes in the polyamorous common-law marriage controversial subject. In fact, it was sought to analyze if the polyamorous common-law marriage would be able to receive the familiar entity’s mantle, under the light of the constitutional mutation’s institute and constitutional law’s canons aiming at verifying the social security reflexes of this recognition. From a constitutional point of view, the family law was analyzed, making a brief historical synthesis of the families’s different types, culminating, finally, in the currently concept developed by Supremo Tribunal Federal. Finally, it was examined the possibility of framing a poly common-law marriage in the concept of Family, in front of constitutional principles. For this purpose, we used the same constitutional supporter used by Supremo Tribunal Federal’s jurisprudence in recognizing the homoaffective family entity, such as: the protection of the human dignity, right to pursuit happiness and right to affection in the private sphere. For the further comparison purpose, it was analyzed the currently family entities recognized by social security. Finally, it was verified the possibility of sheltering polyamorous family by social security.