Namoro qualificado e união estável: conceitos e requisitos delimitadores para a classificação como entidade familiar.

Abstract

The family, the base core of existence, fundamental to society, it is an important branch of law linked to several spheres of life. In this vein, it is important understanding the difference between stable union and qualified courtship. The stable union conceptualizes the relationships included as continuous relations, lasting, public and aiming to found a family, while qualified courtship, although similar to the stable union, considering owning the majority of their requirements, it is courtship, because it does not exist in it the immediate goal of starting a family. Therefore, the present work aims to study in depth the differentiation between the institutes of the stable union and courtship qualified, seeking to understand when there is, or not, one or the other, in view of the innovations of morals occurred in the society, ensuring the correct application and fundamental justice, since to decide for each which, different legal consequences flowing therefrom. To this end, it seeks to analyze referred to institutes; check our concepts, historical bases, criticism and features; demonstrate the differentiating criterion; and to determine the applicability of the topic in our legal system. For the implementation of the research was used deductive approach method, so that the study was based on laws and more comprehensive doctrines and subsequently funneled the exposed theme. It used also the method of monographic procedure, since the study is delimited to specific topic in all its aspects. It operated also indirect documentary research through laws, doctrines, jurisprudence, scientific articles and internet sites. Thus, it was concluded that the common desire to establish a family permeates the whole basis of the discussion, and through this subjective requirement that identifies the stable union, which shows this assumption as an actual, concrete reality, not just as a future expectation , as gives with courtship , where this fact ,which is, be familiar entity, may not occur.