Os efeitos da emenda constitucional nº 66/2010 sobre o instituto da separação judicial

Abstract

The objective of this paper is to analyse how the institution of judicial separation was affected by the Constitutional Amendment number 66/2010. Was affected by the Amendment number 66/2010. The short approach about the story of the dissolution of marital link in Brazil helps to understand the excitement with the referred constitutional changing. Only with the Amendment number 9 proclaimed, on 1977, it was allowed in Brazil the dissolution of marital link. After more than 30 years of the Amendment number 9/1977‘s edition, it was proclaimed the Amendment number 66/2010, which suppressed any requisitions to concede a divorce. The doctrine relates a series of reasons why it has been occurred the extinction of judicial separation. However, besides all the enthusiasm with the new constitutional rule, its interpretation allows to realize that, actually, the institution of judicial separation is still alive with in Brazilian juridical order, until it would be expressly revoked by another law. This way, the main effect produced by the change in the constitutional text was the end of the requisitions to the divorce, remaining the separation as optional a procedure.