FRAGOSO, T. M. T.; http://lattes.cnpq.br/8214538899534636; FRAGOSO, Thaíse Marques Teodoro.
Résumé:
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.
