SARMENTO, W. R.; SARMENTO, Wellington Rodrigues.
Abstract:
There is no concept of absolute and unequivocal family, considering that it changes
to suit the social reality of each people in a given period. Brazilian society in the
period before the 1988 Constitution, the validity of the 1916 Civil Code, there was a
familiar marriage, in which only the marriage was regarded as a legitimate form of
family constitution. However, the Constitution changed this reality, recognizing the
stable and single parent family as forms of family entities, expanding the concept of
family. In this context of family entities plural comes the discussion about the
framework of parallel or simultaneous marriages, families and organizations as a
result the assignment of inheritance, family law among others, the concubines. In
discoursing of work, despite Brazilian law does not consider cohabitation as a family,
recognizing the production of legal effects only in the field of contract law, as a
society actually verified the existence of doctrinal currents which bring out the affect
as a defining characteristic of the family, and ignore the principle of monogamy and
fidelity to duty structure society and the national legal system, recognizing
concubinage as stable. Given this scenario, it should be considered that although the
affection is one defining characteristic of the family, you can not exalt him
exaggeratedly, in order to enter concubinage in Family Law, under the guise of
stable, as if the two institutes were equal.
