(Im)possibility of recognition of stable marriage parallel to marriage as a type of family

Abstract

This article briefly discusses the origin and development of the family in the Brazilian legal system with a focus on the institute of stable union, resulting from the study of current legislation according to the doctrinal and jurisprudential understanding of the possibility or not of recognition of the stable union parallel to marriage as a kind of family. It discusses the historical evolution of the stable union and the essential requirements capable of configuring it, considering the principle of affectivity as the main element brought by the Constitution of the Federative Republic of Brazil of 1988, which gave rise to changes and provided new aspects of recognized and protected family entity constitutionally. Finally, an attempt was made to discuss the effects on property, inheritance and food caused by the possible recognition of the common-law marriage concomitant with the marriage. For the design of the present study, the scientific-deductive method was used and the methodology applied was the bibliographic research.