Análise da união poliafetiva à luz do pedido de providências nº 0001459-08.2016.2.00.0000 do Conselho Nacional de Justiça

• Autor(a) principal: Santos, Amanda Mathiola dos
• Data de Publicação: 2020
• 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/6228
• topic: Direito de família; Providência; Poliafetividade; Conselho Nacional de Justiça

OBJECTIVE: Stable poly-affective union analysis in light of the determination of the providence request n. 0001459-08.2016.2.00.0000. METHOD: The exploratory research was used, with a qualitative approach and data collection, it took place documentary and bibliographic research. RESULTS: It was noticed the evolution in family through constitutions and changes that happened in its concept, as well as the poly affective family is recognized only by part of the doctrine. Regarding the National Council of Justice, it was concluded that it was created for the purpose of judiciary inspection and auxiliary services, and, through the analysis of their assignments, it can be observed that there is not uniform understanding about the limit of it’s operation, especially concerning the providence request. CONCLUSION: There are doctrinal divergences about the subject-matter, however, jurisprudence is almost uniform in repelling relationships that don’t consist in monogamy. Thus, the consequence arising these understandings is that the poly-affective union remains without any legal support and it is on the margins of society, being excluded of the Family law protection, which denies its existence as a family entity and it’s equivalence to a stable union, as well as the impossibility of pleading for food, moiety, defining the property system and the right to hereditary succession.