A emenda constitucional nº 66, de 13 de julho de 2010 e a figura da separação

Abstract

With the implementation of the Constitutional Amendment number 66, July 13, 2010, § 6 of Article 226 of the Constitution of the Federative Republic of Brazil had the following wording: "Article 226 (omissis) § 6°. The civil marriage may be dissolved by divorce.” There is, therefore, that the amendment removed the requirement of prior legal separation for more than a year or proven de facto separation for more than two years. This change resulted in divergences, particularly with respect to conservation or not of judicial separation. Some authors, such as Maria Berenice Dias and Pablo Stolze Gagliano, argue that the figure of the legal separation would have been cut off from our legal system, bearing in mind the principle of human dignity and autonomy, as well as sustaining that change refers to the established constitutional rule of full effectiveness, and therefore has immediate application. In a contrary way of thinking, other authors such as Luiz Felipe Brazil believe that the separation is still valid, although it is no longer a requirement for divorce. In addition to the differences noted, it is clear that the Constitutional Amendment in comment innovated since the dissolution of marriage becomes more accessible and less bureaucratic, bringing many benefits to Brazilian society.