União estável - aspecto temporal e efeitos jurídicos.

Abstract

The couples that lived without the bond of the marriage, were white o f prejudice and discrimination on the part of the society and of the own right, that it was omitted, and so to speak, in keeping with that situation, because, it didn't aid the family legally founded in the companionship. With elapsing of the time, this institute became object o f concern on the part of the operators o f the right, what caused an evolution o f the norms in lathe of that theme. Due to that, the Federal Constitution o f 1988, recognized the pure concubinato as family entity, starting to call him/it o f stable union. Like this, the relationship between man and woman no adulterina and nor incestuous, it started to receive constitutional and legal treatment. The present work is aimed at to analyze the Institute o f the Stable Union in Brazil, in their varied forms, focusing mainly, their elements definidores, the relative aspects the subject of the temporary lapse in the relationship, as well as, their patrimonial juridical consequences. However, for it is obtained success in this taskwork, he/she became indispensable to do a general analysis, since the remote times to the present moment, because Federal Constitution o f 1988 and new Civil Code. For so much, it was used of historical research, analyze of the doctrinaire understandings, of the positioning Jurisprudencial, and still, o f the positive legislation, using as legal fundamentacao of his/her evolutionary path, the Civil Code of 1916; his/her recognition for the Federal Constitution of 1988; his/her regulation for the Ordinary Laws o f no. 8.971/94, and no. 9.278/96, and still his/her approach in the Civil Code o f 2002. Like this, to present he/she researches for now presented, it intends to alert the operators of the right and the society as a whole, as the importance of the stable union in the juridical world, as well as, o f his/her seriousness, respect and dignity assured by the Federal Constitution o f 1988, when checking him/her estatus o f family entity for effect of protection of the State, thing that formerly was only admitted the unions advindas of the marriage. It is like this, o f ownership o f that larger understanding, we can identify and to build fair and appropriate juridical solutions for this institute that is as popular as the marriage.