Emenda constitucional 66/2010: extinção da separação judicial do ordenamento jurídico brasileiro.

Abstract

In the last thirty years, Family Law has been object of constant changes, due to the society aging. The social conception, moralism and religion assumed a more flexible design. Nowadays, family has acquired several concepts and reformulated family entities have been recognized. The strictness of the unshakable family is not adopted anymore. No one is obliged to keep a matrimony that does not attend the expectations in terms of happiness, love and partnership. Society changed and consequently the law that controls it. The end of the indissoluble matrimony was the beginning o f this revolution. However, the State has imposed some barriers, once it defined a double procedure, making difficult the intention o f those who decided to break up the matrimony. The amendment number 66, from July 13, 2010, was the responsible for this important innovation in family law. This amendment changed § 6° article 226 from Brazilian Constitution, establishing that the matrimony can be dissolved through the divorce. So, the previous judicial separation does not exist anymore, neither the separation in fact, for minimum period of the last two years, as a requirement to ask for the divorce. Based on that, it is worth a study related to the application and consequences of the new Brazilian juridical order. In the study, cientific-dedutive method was applied, analyzing the changes and relating them with the previous juridical order. Procedures methods were historical and comparative, where, in the first one, a rescue o f the prior law was made and, in the last one, divergences implemented by the new Brazilian Constitutional Law were took into account. The research technic was indirect documentation, using bibliographical and documental researches, in order to have the due basis for this study. Therefore, the EC n° 66/2010 extinguished any previous requirement to ask for the divorce, so that this way became the only one able to end the matrimony. Judicial separation was extinguished, once it was necessary just to a posterior conversion in divorce. It still remains the possibility o f couple separation and the effects application of separation in fact. Extrajudicial procedures are still applicable, since the new rules are attended, but an extrajudicial separation is not carried out any more. Besides judicial separation revocation, the guilt is not being investigated also in divorce process, but it is discussed in cumulated actions. So, divorce procedure became faster, making easy couple wishes. Hence, human dignity principle prevailed, as a way to look for the happiness.