O valor probante da sentença declaratória da união estável perante o decreto nº 3.048/99.

Abstract

This work contains the study about important procedural-administrative problem regarding the stable union. When identifying the proof means indicated by the legislation security so that the companion it proves your entail with held him/it and, consequently dependent's quality, is noticed the evident legislative omission that doesn't consider the sentence declaration of the stable union as a full proof to prove such situation. What is shown completely incoherent, illogical and unjust once, that the content manifested in the judicial act it results of a cautious and careful exam accomplished by the magistrate, when searching the context in that he/she grew certain relationship, to oppose her/it the proofs and, at the end to utter the decision under the sieve of the law. Without if excuse of the absolute importance of the knowledge of the sentence in the judicial orbit and, of the notions and effects of the institute of the stable union, mainly after the Constitution of 1988, he/she breaks for the approach of the legislation infraconstitutional regarding such relationships, being led in the field security and establishing the guidelines informants of the thematic presented. The present study doesn't have the purpose of serving as paradigm, but it only seeks to promote the discussion on the problem, so that they are appraise the elements of proof of the proof of the entail among the companion and held him/it in the ambit security, being looked at the valuables o of the sentence that was not done still by the doctrine, but that is so much constant fact as in the scenery security as in the procedural.