ABRANTES, C.S.L.G.; ABRANTES, Cinthia Síntique Lins Gadelha de.
Resumo:
The common- law marriage is the family entity recognized by the law, formed by two people
who are allowed to marry, they get together in order to be a family. The polyamory,
otherwise, is the union of three or more people with the wish to keep a relationship, not
recognized by the Law. Showing that there are requirements in law for the common-law
marriage to exist, one of the requirements is the monogamy, with exclusivity, considering that
all the law, inclusive in the constitution, granted protection to a couple, two people who aims
to be a family, in public, continuously and by a lasting coexistence. In addition, the Brazilian
Civil Code of the year 2002 established obligations to be followed, like loyalty, which
includes fidelity. The aim of this study is to verify the reception or not the admissibility of the
plurality of people in common- law marriage, as well as to characterize the stable in an
exclusive, monogamous relationship. It is, therefore, to demonstrate whether polyamory is a
form of polygamy, making it a distinct relationship of common- law marriage and cannot be
compared to that. Through the deductive method, using the indirect documentation search
technique, and the use of doctrine articles and jurisprudence. Concluding, through the
doctrine, law and jurisprudence, that polyamory does not fit the common-law marriage,
confronting monogamy and the obligation of loyalty, not producing concrete effects.