Efeitos da decisão da quarta turma do superior tribunal de justiça no recurso especial nº 1.247.098/2017 no instituto da separação judicial

• Autor(a) principal: Silva, Marília de Souza da
• Data de Publicação: 2018
• 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/6102
• topic: Casamento; Separação; Divórcio

OBJECTIVE: The purpose of this study was to analyze the effects of the decision of the fourth class of the Superior Court of Justice in the Institute of Judicial Separation. METHOD: The method used was qualitative; As for the level, the research is exploratory; the technical procedure used for data collection was documentary and bibliographical research, using doctrine, articles, legislation and the jurisprudence of the Brazilian superior bodies referring to the topic presented as a research source; these are classified as primary and secondary sources. RESULTS: The studies show that there was a great historical evolution of the concept of family. With regard to marriage, it may be dissolved upon the death of one of the spouses; nullity or annulment of the marriage; legal separation and divorce. In relation to divorce, there are three species, which are: consensual judicial divorce, litigious judicial divorce and extrajudicial divorce; In relation to the judicial separation was verified the de facto separation and the separation of bodies. It has been shown that Constitutional Amendment nº. 66/2010 has had consequences with regard to judicial separation, with doctrinal and jurisprudential understandings regarding the maintenance and end of the institute. Finally, the effects of the decision of the Fourth Panel of the Superior Court of Justice were analyzed in the light of doctrinal and jurisprudential understandings, as well as the provisions of the Code of Civil Procedure / 2015 and other legal norms, about the maintenance or end of the institute of judicial separation. CONCLUSION: It was verified that the institute of judicial separation prevails in the Brazilian doctrine, since, according to the decision of the fourth Panel of the Superior Court of Justice, Constitutional Amendment 066/2010 only revoked the temporal requirements to facilitate divorce, it being understood that the dissolution of the conjugal society, by separation, is not confused with the definitive dissolution of marriage, by divorce, since they refer to autonomous and distinct institutes. Its main objective is the extinction of the deadline for separation and, in view of its application, the Constitutional Amendment has immediate and direct effectiveness.