Entidades familiares concomitantes: seus efeitos jurídicos e o direito à sucessão.

Abstract

The theme to be developed intends to briefly analyze the family concept evolution in Brazil and the changes that occurred in Brazilian law, showing that the family fundamentalist perception must be overcome. The prejudgments and built concepts must be disarmed, since the family is transformed according with the social, cultural and structural changes. Inside the modern society, the simultaneous families are normally seen as an abnormal event, despite the many centuries that they exist in relationships, even after the State intervention in family to guarantee its protection. Gradually, the simultaneous family are ceasing to be seen as only impure concubines and being legalized as a stable union, giving the other simultaneous partner rights and duties, towards the constitutional principles, especially the principle of human dignity, making the simultaneous partner legitimate to his partner succession and the heritage partition. With the advent of the Federal Constitution of 1988, the family law has being through several modifications, among them the family law way of interpretation, making the family concept much more open, starting to acknowledge as legitimately legal all the families that have affection, stability and are publicly known. Despite those changes, the simultaneous families conquered their rights only in some courts in Brazil. Because of the monogamy principle, most of the decisions given by our courts deny the right to that union recognition, which implies the simultaneous family exclusion of the heirdom. To ignore the family in its endless ways, where the affection is present, either in parallels or simultaneous unions, would be like not judging because of the lawlessness. That way, in the hypothesis of heirdom interest, the simultaneous partner should have right to the goods achieved by common effort. It is evident the importance of the subject in the field of Law and Social Science, since that this work aims more than to present the concept of simultaneous family, but to show the doctrinaire and jurisprudential positions of the theme about the heirdom possibility of the simultaneous family members. The research will use the deductive method, beginning with general formulations to focus on the central theme to be addressed, and also the historic method. The research technique will be the indirect documentation and bibliographic research, using laws and doctrinaire placements, in order to make a deep study about the stated theme.