A inconstitucionalidade da imposição da monogamia no ordenamento jurídico brasileiro à luz do princípio da laicidade estatal

Abstract

The existence of non-monogamous relationships is not a recent phenomenon in Brazil, nor in Western society as a whole. However, such relationships have historically been rejected by a moralistic system grounded in Christian conservatism and relegated to obscurity. The current movement seeking recognition of these relational bonds has sparked intense social, political, and legal debates, culminating in a reassessment of monogamy as a guiding principle within the Brazilian legal system. In light of this context, the present study begins by questioning whether the imposition of monogamy within Brazilian legal norms constitutes a violation of constitutional principles. This exploratory, qualitative, bibliographic, and documentary research seeks, through a historical and conceptual overview, to present the reasons that have established monogamy as a foundational principle in decisions related to Family Law, and how such reasons infringe upon the State’s obligation to uphold religious neutrality, as enshrined in the principle of state secularism. The study ultimately concludes that religious influence on state actions has led to the erosion of fundamental rights for individuals engaged in polyamorous relationships, due to their non-conformity with the model of the traditional family promoted by Christian dogma deeply rooted in national moral values, this dynamic constitutes a breach of constitutionality in the governmental acts under examination.