O poliamor: a possibilidade do reconhecimento pelo ordenamento jurídico pátrio e o consequente rateio da pensão por morte entre companheiros.

Abstract

The concept of family undergoes changes over time, as a result of social evolution and of man himself. With the social evolution and consequent evolution of the Law, principles and values are revised and, calls into question norms hitherto in force. Under this view, family law has undergone changes in its institutes. With the enactment of the Federal Constitution of 1988, the Citizen Constitution, plurality became a slogan, the principle of human dignity became more valued and should be observed in all branches of law. New models of family arrangements arise, and receive the due protection. But not all new models have been given due recognition. The Poliamor, passes for a moment of debate and reflection, characterized by its plural and divergent bias, faces strong resistance in the Courts. The general objective of this paper is to defend the need for standardization of this new family model, in order to avoid possible injustices, including defending the apportionment of the pension among the companions. The study is based on Brazilian doctrine, supported by arguments presented by legal scholars, jurists and lawyers, as well as jurisprudential analysis. The results evidenced point to divergences in the acceptance of the new models of family arrangements, with favorable opinions and contrary to their regulation. It was defended the due regulation, since the aforementioned poliafetivas unions, already constitute a social reality. The debate has not yet achieved a peaceful outcome. On the contrary, in the face of the inertia of the legislature, it remains for the judiciary to comment at various times until the matter is resolved by the constituent legislator