SILVA, H. C.; SILVA, Heloisa Cristina da.
Abstract:
The concept of family has been shaping the needs of society throughout history, and family law has been following these changes, that is, it has been adapting the new demands of society, from a patriarchal model to a plurality of family entities. In contemporary society, where some of these entities claim for legal recognition, polyamory is one of these, which for the more conservative means a regression, an immorality to customs and monogamy, but at no time is monogamy as a general rule relationships in the legal orbit, is just a cultural concept. It is based on the guiding principles of family law, especially that of family plurality, affectivity, freedom, equality and the dignity of the human being, that polyamory arises where it is understood that in the same act more than two people decide to relate and thus constitute a family existing between them, consent and willingness of both to maintain relations concomitantly, being this model not recognized by the Brazilian legal system. In this way, to characterize this familiar model, one must verify requirements such as good faith, continuous and lasting public coexistence. The polyamory is polygamous in nature unlike the stable union, but it does not fit as polygamy or concubinage, the doctrinal position is also divergent in the recognition of the polyamory and the Brazilian courts slowly begin to admit the existence of poliaffective families to assure them certain rights . What is objectified is the recognition of poliafetivas unions by the Brazilian legal system ensuring, its protection as a family entity, without prejudice to who wants to live in this family environment. The research was elaborated through the deductive method, if using the research technique of documentation, that is, the use of doctrine, articles and jurisprudence.
