O reconhecimento da união estável como estado civil.

Abstract

There is a set of elements that defines the legal position of a person in legal relations, in a fundamental way to characterize it as a subject of rights and duties, and one of these elements refers to marital status of the person. In the context of social dynamics, such marital status should be defined legally, adapting to the phenomena that emerge in the community, as it happens, specifically, with the stable. In this regard, it requires full identification of the subjects that make up this convivial relationship, not only to improve understanding of such a family but also to ensure their partners / cohabiting in a dignified identification law, either in theory, be in practice. This study is justified due to the controversies and gaps regarding the definition of a legally recognized marital status for mates, leading them at times to identify themselves as single, or divorced, if you established earlier marriage relationship. During this study, we intend to demonstrate this status of the subject components stable under the tracks of constitutional and civil rights, as well as the importance of the definition of such a situation for cohabiting and society. Thus, it is essential to also define a historical approach on stable, while that traces the bonds with the marriage, as one of the forms of family entity. To do so, it will use as a method of deductive approach, encompassing research and legislation relevant to the doctrine homeland through an indirect documentation relevant to the discussion. Otherwise, it requires an effective research, based on historical and evolutionary methods and exegetical and legal. We used also the technique of documentary and bibliographic research, each contributing to the construction of knowledge required. Thus, this exhibition aims to provide operators with rights and citizens an insight into the stable and the legal status of their subjects, converging the constitutional principles and human dignity.