STF DIVERGENCES ON STABLE UNIONS AS A FAMILY ENTITY: LEGAL CONFLICTS IN THE RECOGNITION OF STABLE UNIONS

Abstract

This article analyzes the existing divergences within the Federal Supreme Court (STF) regarding the recognition of stable unions as a family entity, focusing on the legal conflicts arising from the practical application of this institution. The main objective is to understand the foundations of the conflicting decisions, especially in cases involving the absence of cohabitation, the recognition of simultaneous unions, and the extension of rights equivalent to those of marriage. The central issue lies in the legal uncertainty caused by the lack of uniformity in the STF’s rulings, which directly impacts the enforcement of fundamental rights such as the right to family, human dignity, and the protection of diverse forms of affection recognized by contemporary society. The justification for this study lies in the social and legal relevance of the stable union, which is widely experienced by millions of Brazilians but still lacks clearer and more consistent treatment by the Judiciary. Jurisprudential divergences generate uncertainty both for legal professionals and for individuals seeking recognition and legal protection for their affective relationships. The methodology used includes the analysis of bibliographic materials, national legislation, judicial decisions, legal doctrines, and academic articles relevant to the topic. The study examines theoretical and practical discussions, as well as real cases and interpretations by renowned jurists. It is concluded that, although the STF has made progress in recognizing stable unions, especially by extending this recognition to same-sex couples—there is still resistance and contradiction regarding the plurality of cohabitation forms. There is an urgent need for the consolidation of a more cohesive jurisprudential understanding that respects constitutional principles and keeps pace with social transformations, ensuring legal certainty and the effectiveness of family rights.