Análise da possibilidade jurídica do divórcio impositivo e seus aspectos práticos

• Autor(a) principal: Gomes, Gabriela Amaro
• 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/6184
• topic: Divórcio impositivo; Divórcio Extrajudicial; Casamento

OBJECTIVE: To analyze the legal possibility of imposing divorce and its practical aspects. METHOD: The research is classified as exploratory and with a qualitative approach. It is also classified as a collection of bibliographic and documentary data, since it is based on doctrine, legislation and national jurisprudence. RESULTS: The mandatory divorce is a legal institute initially introduced by a provision of the State Justice of Pernambuco, which created a form of divorce in the extrajudicial way. It is the possibility of obtaining a divorce only with the application of one of the spouses directly to the Civil Registry Officer, the other spouse being merely notified of such application, with the definitions of accessory questions being asked at a later time. CONCLUSION: From the material analyzed, here considering both the normative instruments and the doctrinal teaching collected throughout the research, it appears that despite the good intention to bring speed and decrease in the workload of the Judiciary, if the National Congress concludes by the viability of the Bill presented, until the moment of inclusion in our legal system arrives, there must be ample legal debate for the improvement of the proposed measure, in order to guarantee balance in the existing relationship between the spouses resulting from the creation of the conjugal society by the marriage celebrated between these.