DANTAS, D. L.; http://lattes.cnpq.br/4425604548779096; DANTAS, Deíse Lima.
Abstract:
In accordance with the Civil Code of 1916, was ignored then known family and other
mentions illegitimate that make to the concubinage, is only with the intention to protect
the family constituted of the marriage, and never as teacher of a situation in fact, worthy
of any support. The Constitution of 1988 this lack of the Civil Code of 1916, saying
that: "for effect of the protection of the State, the steady union between the man and the
woman is recognized, as familiar entity, having the law to facilitate its conversion in
marriage". As explicita article 226, paragraph 3° of the Brazilian Constitution of 1988.
However, the family whom i f she outside gives of the marriage, always that derives
from the steady union between man and the woman, inside gains new profile of our
right, but the agitation who the new rule of the Constitution provoked in the
jurisprudence indicates, clearly, that many new problems would go to appear in this
field calling the attention the legislator. Some problems that had appeared already had
been decided by the legislator, between them: Acquired children out of wedlock;
Inquiry of paternity of these children; in the field of the social welfare. Through the
Decree law n° 4. 737, then after the Law n° 883/49, and today for the Law of the
Divorce of 1977, come out of wedlock to solve these problems of the acquired children,
through this constitutional rule that equalizes the children, any that is the nature of the
filiation. Already Law 8,560/92, prohibition all type of indication, when the birth
certificate, civil state of the genitors, etc., with intention to preserve the person of the
recognized one, as well as assuring all the excessively right and guarantees
constitutionally foreseen. And, finally the Dec. N° 3,048/99 art. 16, I , allow the
inclusion of the friend or the friend in the category of beneficiaries of the General
Regimen of the Social welfare, with identical treatment to that data to the spouse, also
in competition with the children, the form prescribed in such devices of law. As already
it was said, the Constitution of 1988, determines that the steady union between the man
and the woman is under the protection of the State, thus placing, the concubinage under
a regimen of absolute legality, taking off it of the eventual clandestinidade, where it,
possibly lived. With this, we will be able to finish less that the steady union is the union
of the man and the woman, out of wedlock, of steady character, more or drawn out, for
the end of the sexual satisfaction, mutual assistance and of the common children and
that it implies, as well as the marriage, a flaunter allegiance of the woman to the man,
currently regulated for the new Civil Code of 2002.