Banca de QUALIFICAÇÃO: JULIANA BEZERRA FERNANDES

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : JULIANA BEZERRA FERNANDES
DATA : 08/08/2019
HORA: 17:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

Simultaneos Union: possibility of legal recognition as a family entity under the new constitutional civil order

PALAVRAS-CHAVES:

Simultaneous unions; Legal recognition; Constitutionalization of Civil Law; Article 226 of the Federal Constitution

PÁGINAS: 115
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

Since the social, political and cultural evolution, the models of family constitution have changed as time passed. Society has moved out of the historical context of group marriage into the monogamous model of marriage, with the aim of ensuring biological paternity, a crucial element for the head of household to give his inheritance to the legitimate child through inheritance. Over time, other forms of family arrangements emerged and were recognized by the state, such as the stable union and the single-parent family. However, despite not being included in the constitutional text or in the infraconstitutional legislation, simultaneous families were formed and nowadays they constitute a factual reality, whose search for legal recognition has grown. No wonder there are numerous demands in this regard within the judiciary. Due to the lack of a specific rule on the subject, each court decides according to its own convictions, sometimes treating this relationship as a de facto society, sometimes as a family entity. In order to provide legal certainty and uniformity in legal decisions, this dissertation proposes to study art. 226 of the Brazilian Federal Constitution,  analyzing whether it lists a taxative or merely exemplary list of family entities recognized by the national legal system.  This study will be done in the context of the constitutionalization of Civil Law, as well as the constitutional order inaugurated with the Federal Constitution of 1988, which granted normative force to the general principles. Finally, it is intended to determine whether or not simultaneous unions can be legally recognized as family entities, receiving or not the special protection of the State.

MEMBROS DA BANCA:
Interno - 1254860 - FABRICIO GERMANO ALVES
Presidente - 1497348 - LEONARDO MARTINS
Interna - 1753047 - MARIANA DE SIQUEIRA