Emancipação civil por meio do reconhecimento da união estável.

Abstract

This paper is about the various forms of family entities present in Brazilian society with a special focus on young people who still have not reached age of majority and live in a common-law marriage, since the Civil Code of 2002 speaks only about the marriage between young people who still not reached age of majority. Therefore, the present study analyzed the transformations that the Brazilian family has undergone in recent years and how the legal order of the country followed these transformations. It was analyzed the common-law marriage institute with aims to understand its historical emergence, its concept and legal nature as well as the requirements so that it can be recognized by the Brazilian legal system. So this paper used a deductive methodology in order to being developed through doctrine, judgments, journals and scientific articles. In the end the possibilities of civil emancipations were analyzed and if there is the possibility of being recognized the common-law marriage between young people in minority and if this union has the condition to emancipate them once the common-law marriage is assimilated to the marriage for the purpose of protection of State. The results pointed out that there is a gap in the legislation regardin the common-law marriage between young minors since the Civil Code stablishes the marriageable age only for marriage and excludes the common-law marriage of the means by which it is possible to achieve civil emancipation making young people who lives in common-law marriage dependent on rare judicial decisions to have their union recognized and achieve the emancipation.