Parallel family recognition as an endorsed family entity in brazilian family law

Abstract

Parallel Family, also referred to as simultaneous family is the one in which the person is placed simultaneously in the core of the formation of two different families. The said family formation exists within Brazilian society. However, with no civil protection which should be granted by the State. Therefore, Brazilian legislation has simply ignored this familiar pattern without providing any rights or obligations. Thereby, many individuals living in such situation are pleading the judiciary to search for ensuring the rights they understand to be under. The outcome has been several conflicted court sentences all around the country, because the lack of consensus in accepting such situation. Hence, the familiar simultaneity is not the offspring of a proclaimed legislation, thus it is not foreseen in the legal texts. It is indeed, a social phenomenon that has been happening with higher relevancy in the actual historic moment. Then, it imposes itself to the legal system and, consequently, developing great juridical apprehension. In this way, this study through the dialectical method, seeking to dialogue between the various concepts of family and forms of family entities, based on the Federal Constitution, in order to investigate the possibility of giving parallel families the status of family entity, recognized by Family Law. In the end, we realize the need for recognition of the parallel family as a family entity, respecting the constitutional principles applied to Family Law.