Da superação da monogamia como princípio estruturante do estatuto jurídico da família

• Autor(a) principal: Silva, Marcos Alves da
• Data de Publicação: 2012
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/9252
• topic: Family; Conjugality; Monogamy; Male domination; Simultaneous families; Concubinage; Civil union; Liberty; Autonomous privacy; Família; Conjugalidade; Monogamia; Dominação masculina; Famílias simultâneas; Concubinato; União Estável. Liberdade. Autonomia privada; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The thesis proposes new foundations to approach the contemporaneous conjugality, specially referring to the overcoming of monogamy as a structural foundation for the juridical status of the family. Some essential ideas permeate the thesis and guide the discussion of the topic: (i) monogamy as the juridical institute able to legitimize the masculine domination; (ii) attention to the construction of no-Law zones and to the invisibility of some persons, mainly concubines, that are not entitled to the ownership of rights; (iii) the concubinage, an important field of study, is referred and analyzed as a exclusionist status; (iv) the decisive factors for the reconfiguration of contemporaneous conjugality: democracy, cultural pluralism and laicization of Law; (v) a constitutionally based Civil Law perspective is the foundation for the construction of the thesis discussions, and the constitutional principles of human dignity, solidarity, equality, freedom and democracy serve as tests to the main thesis proposal: the overcoming of monogamy as a structural basis for the juridical foundation of contemporaneous family. The perspective adopted in this study is perforce interdisciplinary, and the discussion, even if topical, with historians, anthropologists and sociologists and, also, with some authors from natural sciences, has been essential. The monogamy principle consolidated in the Occident by the Canonic Law s monopoly on the regulation of familiar relations, especially regarding decrees and Tridentine canons, and transported to the State juridical domination by the Bourgeois Revolutions is subjected to an effective loss of strength in the reconfiguration of contemporaneous conjugality. The overcoming of male domination, the laicization of the State and the Law, the primacy achieved by private autonomy regarding the field of existential and co-existential subjective situations, the consecration of the pluralism of familiar entities as a principle, a clear a expression of the democratization of the intimacy, are decisive factors for the overcoming of the monogamy as a juridical principle.