Separação e divórcio após Emenda Constitucional n° 66 de 2010

• Autor(a) principal: Bartolomei, Lia Rabello
• Data de Publicação: 2023
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/36338
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Separação; Divórcio; Emenda Constitucional n° 66 de 2010; Separation; Divorce; Constitucional Amendment n° 66/2010

The research has the purpose of developing a study on the institutes of separation and divorce after the Constitutional Amendment o. 66 of 2010, which changed the wording of Article 226, §6 of the Federal Constitution, facilitating marital dissolutions, by removing the temporal requirement for such. Thus, in order to introduce the subject to those who do not know the legal acquis, initially, the legislative and historical evolution of family law is exposed, emphasizing what is currently considered family and family entity, marital society, marriage, stable union and all the obligations, rights, duties and purposes that the bond between spouses embraces for the same, including the legal effects of these acts. Once these important points have been duly demonstrated, we move on to the main object of the study, which consists of marital dissolutions, subdivided into judicial dissolutions (consensual or contentious judicial separation and consensual and contentious divorce) and extrajudicial dissolutions (extrajudicial separation and consensual divorce), which will be dealt with separately for the reader's better understanding. The author then goes through the institute of separation and its types within the legal systems, as well as its purpose, and analyzes Constitutional Amendment o. 66 of 2010 and its effects on legal separation, especially with regard to the removal of the time requirement, which facilitated it. In parallel, it brings the constitutional and infra-constitutional changes in relation to divorce: its modalities and effects, mainly by the changes in the civil legislation, under the aspect of the new wording of Article 226 § 6 of the Republican Constitution, given by Constitutional Amendment o. 66 of 2010, simplifying the Institute. Finally, some procedural aspects of divorce and separation are demonstrated and, as an example, the main judgments on the permanence of judicial separation after the studied amendment are shown