(Im)possibilidade do divórcio impositivo no ordenamento jurídico brasileiro

Abstract

The legal possibility of the unilateral divorce proposed pioneered by provision no. 06/2019 of the General Internal Affairs of the State of Pernambuco and reproduced by provision No. 25/2019 of the General Internal Affairs of the State of Maranhão, as a bureaucratic and facilitating measure for the dissolution of the marriage bond through the administrative route, as a way to guarantee the full exercise of the potestative right not to remain married, instituted with the approval of the paradigmatic Constitutional Amendment no. 66/2010. This work initially approaches the conceptions of family and marriage as entities that form society throughout history, then brings the legislative evolution of divorce in Brazilian Family Law, whose tendency is its facilitation, through the implantation of imposing divorce as a means of dejudicializing and exempting the Judiciary, with a background in the axiological paradigm of protecting the dignity of the human person and respecting the principles of the autonomy of private life and the freedom of self-determination.