LEGAL ANALYSIS ON THE PUTATIVE STABLE UNION IN BRAZIL

Abstract

It is known that the family base gradually evolved in time and space when creating new family models. Despite the recognition of this evolution, it is worth noting that, although the stable union has been legally recognized, there are numerous circumstances that relate to the topic, which were not addressed by the ordinary legislator, such as the putative stable union, the object of this study. , which can be understood as the state in which the spouse maintains, in parallel, two relationships and the partners in both relationships are unaware of the second relationship, therefore acting in good faith, given the belief that his or her partner maintains only that relationship, not being aware of the second, parallel to yours. Thus, the research dealt with the aforementioned stable union in terms of guaranteeing the rights of the bona fide partner, who is unaware of the real state of the relationship in which he lives. The general objective of this monograph is to develop a historical and legal approach to the family by emphasizing the position of the Brazilian legal system with regard to putative stable unions. The research adopted the deductive method and is based on a literature review of published and indexed works by authors with extensive experience in the area covered. It was possible to conclude that in this type of stable union, when interpreted by analogy to marriage, the sincere partner, who was unaware of the true state of the bond experienced, is protected, guaranteeing him all the rights that would be attributed to him if the relationship were valid. Thus, in the putative stable union, the national legal system has supported that person in good faith who was deceived by their partner, maintaining a relationship with a married person or who is in another stable union. However, it is imperative to emphasize that this is just one current defended by scholars and national jurisprudence, which have also adopted two others, namely, one to the effect that in the constancy of marriage or stable union, it cannot be admitted that the cohabitant contracts a new stable union and the other in the sense that the putative stable union must also be recognized as a family entity, regardless of good faith, as long as all legal requirements to establish it are present.