The changeability of the procedure of marriage nullity declaration in the Pontificado of the Pope Francisco through the data of the Ecclesiastical Court of Santa Catarina

Abstract

This research’s agenda is to study of the theoretical rules in relation to the nullity’s hypothesis of The Sacrament of the Marriage, in special the changes brought through the sign of the Apostolical Letter Mitis Iudex Dominus Iesus by the Supreme Pontiff Francisco. Taking the pertaining rules from the Canon law compared with the Brazilian’s Legal System towards the Catarinense Ecclesiastical Court in the light of the Apostolical Letters granted by the Pope Francisco, the question arises: What are the proceedings implications brought by the changes imposed by the Supreme Pontiff? For this purpose, this research approached, beforehand, the origin and historical evolution of the Canon law, getting into its material and proceeding aspects. And finally, It was undertake with the analysis the primary data of the procedures of declaration of marriage nullity in the Ecclesiastical Court of Santa Catarina, between the years 2015-2020. This study was predominantly made through the inductive method, through qualitative and quantitative analysis, and the research material used was mostly bibliographic, through the selection of literary works and writings on the subject, also relying on primary data obtained from the Ecclesiastical Justice.