THE (IM)POSSIBILITY OF RECOGNIZING PARALLEL STABLE UNIONS IN LIGHT OF THE CONSTITUTIONAL PRINCIPLES OF FAMILY LAW

Abstract

The 1988 Constitution reconfigured family law in Brazil, introducing important guiding principles for this branch of law. This article addresses the issue of the legal (im)possibility of the recognition of stable unions in parallel through a principled analysis of family law. The methodology used is qualitative research, based on bibliographical and jurisprudential studies on the subject. The general objective of this work is to analyze compliance with the decision of the Federal Supreme Court (STF) in Extraordinary Appeal Nº 1045273/SE with the constitutional principles of family law. During the work it was identified that the Magna Carta brought new principles to the national family law, bringing the new concept of family, being repersonalized. However, it was found that the judgment of Extraordinary Appeal No. 1045273/SE disrespected the constitutional principles of family law by establishing the thesis of the impossibility of the existence of parallel stable unions for social security purposes, because, for the STF to contemplate the constitutional principles of the In family law, the possibility of concurrency of parallel family entities for the purpose of apportionment of death benefits should be recognized.