Os efeitos jurídicos da união estável.

Abstract

Beginning with the historical moments which have grown the seeds of the law institutes, today incorporated by the family law, in this paper we approach the ways such institutes have covered, notably, the affective bonds between men and women, when devoid of regulation which makes possible to protect the rights of the partner, face to the breakup of the relationship, for any reason. Therefore, following the discriminated pathways of concubinage, which until today is the cause of social repulse, we have come, in this paper, to the institute of common-law marriage which, fortunately, has received support from the 1988 Federal Constitution, being treated in the 2002 civil code, in the book dedicated to the family law. Thus, the common-law marriage achieved its high position in such a way that only a tenuous barrier between it and marriage was left, consisting of the obligation to follow strict formalities for the consummation and validity of the latter. Such similarity is seen when analyzing the legal results coming from the common-law marriage, which are parallel to those which are established by marriage; but differing only in the partners'obligation, who have to demonstrate the existence of the necessary requirements for the consummation of the common-law marriage. Such difficulty does not happen to prove the marital bond. For that reason, being this institute very similar to marriage, common-law marriage may also happen to break up, what was not forgotten to be mentioned in this paper, as well as a way to convert it into marriage. All this made it possible for us to approach the competence for the judgement of lawsuits concerning common-law marriage, which need the participation of the public prosecution service, as well as the ones resulting from marriage do.