Polyamour and the right to be a family

critical outlines of the prohibition of drawing public deed of polyamourous unions

Abstract

Polyamory is a philosophy of life, which admits the coexistence of various loves, with knowledge and consent of all involved, bringing the bias of recognition as a family in the legal system. This research briefly analyzes the history of the family, and the main objective is to reflect on the position of the National Council of Justice (Conselho Nacional de Justiça - CNJ) on the impossibility of drafting a public deed of a stable polyaffective union. Verifying the possibility of limitation imposed by the agency, by contrary to the premises of family plurality brought by the Federal Constitution from 1988. It uses bibliographical research and method of approach the deductive, so that it is already part of the premise that the polyamorous family should be recognized as a family within the contours posed by civil legislation. Thus, it is concluded that polyaffective unions are possible for regulation, as well as the others, because they have a phatic nature. The law accompanies the fact and with the change of paradigms in relation to family and marriage, the focus of protection of the State changes.