Legal analysis of polyamorous relationships based on the brazilian film “Eu, tu, eles”

• Autor(a) principal: Xerez, Rafael Marcílio
• Data de Publicação: 2019
• Outros Autores: Rocha, Katarina Karol Brazil de Melo
• Tipo de documento: Artigo
• Idioma: por; eng
• Título da fonte: Anamorphosis (Porto Alegre)
• DOI: 10.21119/anamps.51.149-171
• Texto Completo: https://periodicos.rdl.org.br/anamps/article/view/465
• topic: polyamorous relationships; theory of Law; “Eu tu eles”.; poliafetividade; fundamentos jurídicos; “Eu tu eles”.; Análise Jurídica do Instituto da Poliafetividade

The present study analyzes polyamorous relationships and their implications for Law. Different loving and affective practices exist, some of them are sometimes experienced by multiple people at the same time, which breaks with the traditional idea of monogamy as the only relationship identity that is able to constitute families. This occurs, on the one hand, due to largely accepted social and cultural values. On the other hand, the phenomenon of monogamy is further strengthened because the State grants protection mainly to traditional forms of family. However, society begins to resignify such unions, which puts into question the traditional legislation. From the methodological point of view, this research has a qualitative character, with bibliographical and documentary sources, based mainly on the Brazilian film Eu tu eles as reference. On the theoretical level, the paper is based on arguments from the Brazilian  Constitutional Civil Law. Based on the material analyzed, it is concluded that there is an effective possibility of extending family rights to new arrangements, the main reason being to consider affectivity as the norm, since monogamy is only a historically established value in Brazilian society.