Conversão da união estável em casamento via administrativa e via judicial e seus efeitos jurídicos

• Autor(a) principal: Parente, Fernanda Andrighetti
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5425
• topic: Casamento; União Estável; Conversão

OBJECTIVE: To analyze the legal effects of the conversion of stable marriage into marriage by administrative means in relation to the judicial one. METHOD: This is an exploratory research; as for the approach, qualitative; regarding the procedure of data collection, bibliographic and documentary. RESULTS: We began to talk about family since the origin of man and over time was adapting to the reality and customs of each society. The church has always had a great influence on family formation, as only religious marriage was accepted. Civil marriage was regulated only in the 1916 Civil Code. The 1988 Federal Constitution recognized various types of family for legal purposes. Marriage is one of the forms of family constitution under Brazilian law, in which it has its own characteristics and validity requirements. Stable union is characterized when there is coexistence between partners and is characterized by informality. CONCLUSION: The couple who live in a stable union can convert it into marriage as long as there are no impediments to marriage. The conversion may be carried out by administrative means, before the Civil Registry Office, or by judicial means. The law in force is omission as to the effects that each procedure produces. The doctrine and jurisprudence is quite divergent. Due to the legislative omission, the States, through their Corregedorias, elaborated provisions that regulated the respective institute, which differentiate the effects of each procedure. Thus, the legal effects of the conversion of the stable union by the administrative route are ex nunc, whereas the effects produced by the judicial route are ex tunc.