Direito da amante: uma análise das implicações jurídicas e dos efeitos patrimoniais à luz do ordenamento jurídico brasileiro.

Abstract

This research has as its main element the Law of the Lover, a reality that involves many controversies, but is subject to favorable decisions. The purpose here is to provide a brief analysis of this Law with regard to legislation, doctrine and deliberations in the courts. It is observed that the Family Law constantly lives in evolution, consequently, there arise the unions parallel to marriage, in which the person maintains a conjugal bond with one partner and a relationship of concubinage with another. This fact implies the birth of new legal effects, oblivious to what the law often predicts. The fact is that the lovers usually seek in the Judiciary the recognition of the rights related to this type of relationship and do not always reach the proper esteem. In the first instance, this right is not recognized in the face of the absence of legal provision and the impossibility of the concubinage being considered a family entity, in the second instance, the legal system protects the concubine (o) observing the peculiarities that involve the relationship, in this case, it is based on the principle of human dignity, since the lover can not be violated if he has participated in the construction of the patrimony.