The stable union in Brazilian law and monogamy as a (in)dispensable element for its characterization

• Autor(a) principal: de Abrantes Neto, Ozório Nonato
• Data de Publicação: 2021
• Outros Autores: de Lima Barbosa, Maria dos Remédios
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito da Faculdade Guanambi
• Texto Completo: https://portaldeperiodicos.animaeducacao.com.br/index.php/RDFG/article/view/13940
• topic: Poliamorismo. Impossibilidade. Código Civil. Constituição Federal.; Polyamory. Impossibility. Civil Code. Federal Constitution.

The purpose of this work was to analyze the institute of the stable union as a family entity recognized by the Federal Constitution of 1988, making its distinction with the concubinage and presenting its requirements, rights and duties and its patrimonial effects, in order to question whether or not monogamy would be necessary for the constitution of a stable union, that is, if this institute could be present in a single relationship composed of several people (polygamy) or not. As for the methodology, the bibliographic-documental method had been used, with the use of doctrines, judged by the Superior Courts, scientific articles and normative texts, as well as the deductive method, starting from a general analysis about the institute of the stable union to clarify whether or not monogamy is an indispensable requirement for the constitution of a stable union. Thus, the research carried out for the elaboration of this article came to the conclusion that monogamy - principle by which marriage and stable union could only be constituted by a relationship composed of, at most, two persons - is indispensable for the formation of the stable union bond, so that it is equivalent to a family entity, it is compared to marriage, as the CF/1988 itself establishes, nothing preventing, however, that polygamous relationships are constituted on the phatic level.