MEDEIROS, M. V. S.; MEDEIROS, Maria Vitória da Silva.
Resumo:
This work contains the study about important procedural-administrative problem
regarding the stable union. When identifying the proof means indicated by the
legislation security so that the companion it proves your entail with held him/it
and, consequently dependent's quality, is noticed the evident legislative
omission that doesn't consider the sentence declaration of the stable union as a
full proof to prove such situation. What is shown completely incoherent, illogical
and unjust once, that the content manifested in the judicial act it results of a
cautious and careful exam accomplished by the magistrate, when searching the
context in that he/she grew certain relationship, to oppose her/it the proofs and,
at the end to utter the decision under the sieve of the law. Without if excuse of
the absolute importance of the knowledge of the sentence in the judicial orbit
and, of the notions and effects of the institute of the stable union, mainly after
the Constitution of 1988, he/she breaks for the approach of the legislation
infraconstitutional regarding such relationships, being led in the field security
and establishing the guidelines informants of the thematic presented. The
present study doesn't have the purpose of serving as paradigm, but it only
seeks to promote the discussion on the problem, so that they are appraise the
elements of proof of the proof of the entail among the companion and held
him/it in the ambit security, being looked at the valuables o of the sentence that
was not done still by the doctrine, but that is so much constant fact as in the
scenery security as in the procedural.