THE IMPORTANCE OF PRINCIPLES IN THE RECOGNITION OF FAMILY PLURALISM AFTER THE 1988 FEDERAL CONSTITUTION

Abstract

This study addresses the importance of constitutional principles for the recognition of family pluralism in Brazilian law following the promulgation of the 1988 Federal Constitution. It starts from the observation that profound social, cultural, and technological transformations have directly affected the ways in which families are organized, requiring the legal system to move beyond a single model centered exclusively on marriage. The objective of the research was to analyze the relevance of constitutional principles in acknowledging family pluralism after the 1988 Constitution, highlighting their role in overcoming the traditional single-family model and in consolidating a more inclusive form of legal protection. To this end, a qualitative methodology was adopted, based on bibliographic and documentary research, with analysis of constitutional provisions, infraconstitutional legislation, specialized legal doctrine, and relevant judicial precedents. The results show that the 1988 Constitution established a new normative paradigm grounded in the centrality of the individual and the existential function of the family, enabling the legal recognition of multiple family arrangements, such as single-parent, same-sex, socio-affective, multi-parent, reconstituted families, and other emerging configurations. It is concluded that family pluralism represents a direct expression of the constitutional principles framework, which guides the interpretation of Family Law in a manner consistent with contemporary social reality, reaffirming the State’s commitment to comprehensive protection, human dignity, and the effectiveness of fundamental rights within family relationships.