Poliamor: a exclusividade como elemento intrínseco a configuração da união estável.

Abstract

The common- law marriage is the family entity recognized by the law, formed by two people who are allowed to marry, they get together in order to be a family. The polyamory, otherwise, is the union of three or more people with the wish to keep a relationship, not recognized by the Law. Showing that there are requirements in law for the common-law marriage to exist, one of the requirements is the monogamy, with exclusivity, considering that all the law, inclusive in the constitution, granted protection to a couple, two people who aims to be a family, in public, continuously and by a lasting coexistence. In addition, the Brazilian Civil Code of the year 2002 established obligations to be followed, like loyalty, which includes fidelity. The aim of this study is to verify the reception or not the admissibility of the plurality of people in common- law marriage, as well as to characterize the stable in an exclusive, monogamous relationship. It is, therefore, to demonstrate whether polyamory is a form of polygamy, making it a distinct relationship of common- law marriage and cannot be compared to that. Through the deductive method, using the indirect documentation search technique, and the use of doctrine articles and jurisprudence. Concluding, through the doctrine, law and jurisprudence, that polyamory does not fit the common-law marriage, confronting monogamy and the obligation of loyalty, not producing concrete effects.