O reconhecimento das famílias paralelas e seus reflexos no âmbito sucessório.

Abstract

There is no concept of absolute and unequivocal family, considering that it changes to suit the social reality of each people in a given period. Brazilian society in the period before the 1988 Constitution, the validity of the 1916 Civil Code, there was a familiar marriage, in which only the marriage was regarded as a legitimate form of family constitution. However, the Constitution changed this reality, recognizing the stable and single parent family as forms of family entities, expanding the concept of family. In this context of family entities plural comes the discussion about the framework of parallel or simultaneous marriages, families and organizations as a result the assignment of inheritance, family law among others, the concubines. In discoursing of work, despite Brazilian law does not consider cohabitation as a family, recognizing the production of legal effects only in the field of contract law, as a society actually verified the existence of doctrinal currents which bring out the affect as a defining characteristic of the family, and ignore the principle of monogamy and fidelity to duty structure society and the national legal system, recognizing concubinage as stable. Given this scenario, it should be considered that although the affection is one defining characteristic of the family, you can not exalt him exaggeratedly, in order to enter concubinage in Family Law, under the guise of stable, as if the two institutes were equal.