MOREIRA NETO, I.; MOREIRA NETO, Isaac.
Résumé:
The theme of this monograph is an improved study, focusing on principles, doctrines and
trials about the legal situation of the people who get together in a common-law marriage,
ignoring an impediment to marriage and in the most absolute good faith, believing, obviously,
in a regular partnership in the sight of everyone else and the law. It is incontrovertible that the
law already recognizes the family unit called common-law marriage, institute introduced by
the Constitution. The term common-law marriage was commonly known as pure cohabitation,
which was the free and unimpeded union between a man and a woman without the existence
of the marriage covenant. Meanwhile, the impure cohabitation, currently known only to the
term "cohabitation", was characterized by the union between a man and a woman, in which at
least one of them was unable for marriage. With the promulgation of the Constitution, the
family begins to be formed based essentially on affection. Faced with this continuous
evolution in family law, with the appearance of unusual facts, related to the pluralization of
the family and its instrumental nature, the evolutionary stage on such legislation is not yet
complete, considering certain situations in family relationships that appear in our society in
search of just and legal protection by the State, as, for example, the putative common-law
marriage. It is important to note that in the doctrine, there are three positions on the
simultaneous or concurrent family, prevailing the line of doctrine that recognizes the
common-law marriage in parallel with another common-law marriage or marriage, as long as
the partner is in good faith, in other words, as long as he isn't aware of another concurrent
relationship (putative common-law marriage). Due to the strength of the national courts'
jurisprudence, recognizing the putative cohabitation. This paper analyzes exactly the legal
recognition of its possibility, giving it the same effects as common-law marriage, based in the
current understanding of doctrine and contemporary trials. Thus, it is sought legal protection
by the state for the parallel relationships that, although illegal, they exist and cry out for
rights. It is concluded the indispensability of one of the concubines' good faith in these
relations, highlighting the prevalence of the principle of the dignity of the individual on
monogamy, there is no reason to let concubine in good faith unprotected. Order to achieve
the study, were used the deductive reasoning and monograph proceedings, historical,
hermeneutical, comparative, and research in direct and indirect sources.
