FROM SACREDNESS TO CODIFICATION: THE LEGACY OF CANON LAW IN THE FAMILY CONSTRUCTION OF NATIONAL CIVIL LAW

Abstract

This article examines the influence of Canon Law on the formation and codification of Brazilian Civil Law, with particular emphasis on institutions related to Family Law. The analysis is grounded in the understanding that, throughout Brazilian history, canon norms played a significant role in regulating family and personal relations, especially within a context shaped by Catholic tradition. The study adopts a qualitative approach, based on bibliographic and documentary research, drawing on doctrinal works, scientific articles, and normative documents such as the Brazilian Civil Code and the Code of Canon Law. The findings indicate that several civil law institutions, including marriage, matrimonial impediments, and grounds for nullity, present conceptual similarities with canon law, even within a secular legal system. It is concluded that Brazilian civil codification resulted from a process of historical continuity, in which canon principles were incorporated and later reinterpreted in accordance with contemporary constitutional values, without violating the principle of state secularism.