THE (IM) POSSIBILITY OF CONTRACTUALIZATION IN FAMILY RELATIONS FROM THE VIEWPOINT OF MODERN FAMILY LAW

Abstract

Citizens inserted in modern family models have found obstacles to direct access to Legal Law in the face of modern society. The present work aims to understand the possibility or not of contractualization in modern families to be carried out, due to private autonomy, in the face of state intervention. In order to achieve this objective, specific objectives were outlined, which are: to study the evolution of the concept of family, to verify the crisis of codified Family Law and the feasibility of using contractual rules, resulting from private autonomy, within the current family law. The work has an exploratory purpose, which exposes doctrinal approaches relevant to the topic. In this way, the bibliographic review and document analysis were adopted as a procedure, using the legislation in force in the Brazilian legal system and the study of already published materials on the subject. It has been argued that the State must recognize the intimate will of individuals, as the law provides a certain degree of legislative stability in relation to legal certainty, but it can also be a source of exclusion and preconceived judgments. It appears that, in the face of all the changes that have taken place in society and in family values, new family arrangements were formed and the legal system that followed changed to protect them.