A polifamília no Brasil

• Autor(a) principal: Rocha, Filipe Caixêta Andrade
• Data de Publicação: 2021
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Monografias da UFMT
• Texto Completo: http://bdm.ufmt.br/handle/1/1832
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Polifamília; Poliamor; Poligamia; Monogamia; Princípios constitucionais; Reconhecimento jurídico; Poder Judiciário; Dano moral; Responsabilidade Civil; Polyfamily; Polyamory; Polygamy; Monogamy; Constitutional principles; Legal recognition; Judiciary; Moral damage; Civil responsibility

Romantic and monogamous love are social imperatives that are wrong to predetermine human relationships and can generate a series of negative feelings. Family arrangements are plural, not just monogamy, the polyfamily fully deserving of legal recognition by Brazilian courts. In view of this, the research question was developed: In Brazil, what are the main obstacles to the legal recognition of the polyfamily? The objectives are to present the outdated marks of romantic love and monogamy for Brazilian society after the Federal Constitution of 1988, to explain the concept of family in the Brazilian legal system, to demonstrate and clarify the concepts of polyfamily. The research has a constructive, qualitative and exploratory approach, containing updated literature and interviews with experts in Family Law. It contributes to legal science by reflecting on the posture of Brazilian society that keeps polyfamilies homeless in legal situations. With the advent of the Brazilian Federal Constitution, there was an expansion in the conception of families, deserving recognition and legal protection to the various forms of coexistence, including the multifamily. It is unacceptable to leave people who choose to live in polyfamily on the margins of legal protection, making the rights enshrined in the constitution and unconstitutionally be left out of legality by discrimination, prejudice or pressure from some sectors of society. In view of this, the research question was developed: What are the main foundations to support the legal recognition of Brazilian polyfamilies? The objectives of this study are to highlight the constitutional and infraconstitutional principles capable of supporting the legal existence of polyfamilies and describe some attitudes that can be adopted by the Judiciary in order to declare the legal existence of polyfamilies. The research has a constructivist, qualitative and exploratory approach, containing updated literature and interviews with experts in Family Law. It contributes to legal science by stimulating the debate on the legal recognition of polyfamilies. In 21st century Brazil, the rights of the personality registered in the Federal Constitution guide the reimbursement for illicit acts practiced. However, national courts fail to apply the same legal treatment for unlawful acts in the polyfamily. The polyfamily cannot ignore the application of civil liability for moral damage. In view of this, the research question was developed: What are the essential elements that support the polyfamily bond and, in case of breakup, under what legal arguments will the conviction for moral damage be given? The objectives are to map the foundations of the polyfamily and to identify the legal rules capable of attributing civil liability for moral damage for breaking the bond. The research has a constructive, qualitative and exploratory approach, containing updated literature and interviews with experts in Family Law. It contributes by reflecting on the legal homelessness destined to stable non-monogamous unions of the polyfamily.