União estável: principais considerações.

Abstract

In accordance with the Civil Code of 1916, was ignored then known family and other mentions illegitimate that make to the concubinage, is only with the intention to protect the family constituted of the marriage, and never as teacher of a situation in fact, worthy of any support. The Constitution of 1988 this lack of the Civil Code of 1916, saying that: "for effect of the protection of the State, the steady union between the man and the woman is recognized, as familiar entity, having the law to facilitate its conversion in marriage". As explicita article 226, paragraph 3° of the Brazilian Constitution of 1988. However, the family whom i f she outside gives of the marriage, always that derives from the steady union between man and the woman, inside gains new profile of our right, but the agitation who the new rule of the Constitution provoked in the jurisprudence indicates, clearly, that many new problems would go to appear in this field calling the attention the legislator. Some problems that had appeared already had been decided by the legislator, between them: Acquired children out of wedlock; Inquiry of paternity of these children; in the field of the social welfare. Through the Decree law n° 4. 737, then after the Law n° 883/49, and today for the Law of the Divorce of 1977, come out of wedlock to solve these problems of the acquired children, through this constitutional rule that equalizes the children, any that is the nature of the filiation. Already Law 8,560/92, prohibition all type of indication, when the birth certificate, civil state of the genitors, etc., with intention to preserve the person of the recognized one, as well as assuring all the excessively right and guarantees constitutionally foreseen. And, finally the Dec. N° 3,048/99 art. 16, I , allow the inclusion of the friend or the friend in the category of beneficiaries of the General Regimen of the Social welfare, with identical treatment to that data to the spouse, also in competition with the children, the form prescribed in such devices of law. As already it was said, the Constitution of 1988, determines that the steady union between the man and the woman is under the protection of the State, thus placing, the concubinage under a regimen of absolute legality, taking off it of the eventual clandestinidade, where it, possibly lived. With this, we will be able to finish less that the steady union is the union of the man and the woman, out of wedlock, of steady character, more or drawn out, for the end of the sexual satisfaction, mutual assistance and of the common children and that it implies, as well as the marriage, a flaunter allegiance of the woman to the man, currently regulated for the new Civil Code of 2002.