Marriage and stable union

judicial recognition of the stable union concomitant to the marriage

Abstract

The family, an institute still present in Roman Law, but which has undergone and is undergoing great transformation following the evolution of law and society. This article aims to analyze the constitution of the family, from the traditional family, originated from the marriage bond, to the new family models that have emerged over time. The problem related to the new affective bonds, for the present work, arises when discussing the possibility of concomitance between marriage and stable union. This is characterized by the situation in which a person who already has a marital bond forms a stable union with another person who is different from him, without the cessation or extinction of the existing marital bond. This article seeks to analyze some characteristics of marriage, of stable union and the concomitance or parallelism between marriage and an extra-marital union, as well as whether its effects are felt by the parties involved. Indeed, the legal system must be looked at in conjunction with social reality and that, therefore, parallel families must generate to the subjects all the effects resulting from affective relationships. It also brings the understandings of the Brazilian courts - the Federal Supreme Court, the Supreme Court of Justice, and the Court of Appeals - that concern the subject, finding that in their majority they are resistant to the idea of recognizing the concomitance between marriage and stable union, and their judgments remain in this direction. We conclude that the eyes of justice must observe the entire current context of society in conjunction with the legal system.