DISSOLUTION OF MARRIAGE VIA COMPULSORY OR UNILATERAL DIVORCE IN THE EXTRAJUDICIAL SPHERE UNDER BRAZILIAN LAW

Abstract

This study addresses the dissolution of marriage through the mechanism of mandatory or unilateral divorce within Brazilian law, taking into account the transformations in Family Law and the emphasis placed on private autonomy, individual liberty, and human dignity. Accordingly, this research aimed to analyze the legal feasibility of mandatory or unilateral divorce, its legal foundations, and its primary impacts on the Brazilian legal system. The methodology employed was a bibliographic and documentary review—qualitative in approach and exploratory in nature—involving an analysis of the Federal Constitution, civil legislation, legal doctrine, scientific articles, and academic studies related to divorce and potestative rights. The results indicate that divorce has come to be understood as a potestative right—particularly following Constitutional Amendment No. 66/2010—meaning its decree does not depend on proving fault or obtaining the other spouse's consent. In this context, unilateral divorce emerges as a mechanism capable of enhancing individual autonomy and mitigating conflicts and obstacles arising from one party's resistance. However, its execution via extrajudicial channels remains a subject of controversy regarding regulation and the limits of its application. The study concludes that mandatory or unilateral divorce is grounded in the principles of liberty, dignity, and self-determination; however, greater legal certainty and specific regulations are required for its extrajudicial implementation, without compromising the protection of the associated property and family rights.