O reconhecimento jurídico do poliamor como multiconjugalidade consensual e estrutura familiar

• Autor(a) principal: Porto, Duina Mota de Figueiredo
• Data de Publicação: 2017
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UFPB
• Texto Completo: https://repositorio.ufpb.br/jspui/handle/123456789/12253
• topic: Poliamor; Multiconjugalidade consensual; Família; Reconhecimento jurídico; Polyamory; Consensual multiconjugality; Family; Legal recognition; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This PhD thesis aims at examining the viability of legitimating and protecting polyamorous relationships as affective-families that diverge from the conventional pattern of the monogamous conjugal family. This study is linked to the Human Righs and to the Family Law. The question is: can polyamory be legally recognized as a multiconjugality and a family structure in the Brazilian order? In a deductive way, starting from general premises of family, conjugality, monogamy and Law, polyamory is seen as a relational archetype that emerges in the contemporary standards, which is marked by diversity and multiplicity – of identities, relationships, emotional ties, parenting and family arrangements. Given that, through the extensive bibliographic and documentary sources, including ethnographic studies, participation in scientific events and interdisciplinary research groups, the hypothesis on the viability of legal recognition is confirmed as positive whether due to the constitutional principles of human dignity, affectivity, family plurality, equality, respect to the differences, to the freedom of family formation and to the State's minimal intervention in private autonomy, or to the presence of common elements of any family under legal terms: blood or socio-affective ties, stability, public and ostensible coexistence and intuitu familiae. Furthermore, the observation of the behaviour of polyamory practitioners in the virtual environment and the analysis of the Brazilian reality that has already registered those types of union were also relevant to the research. The perspective of multiconjugality entails the idea of polyamorous relationships that form multiple consensual conjugalities that are consensual, stable, concomitant and integrated in the same family nucleus, configured as a stable polyamorous or poliaffective union, which represents a relational category unlike marriage, stable monogamous unions and concubine or parallel relations. The monogamous order that rules conjugal relationships needs to be reconsidered due to the polyamorous non-monogamous relationships led by the consensus of all parties involved. In the context, the complexities emerged from this sort of relationship, affections and responsibilities require specific normative regulation in order to provide adequate protection and legal certainty.