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Trabalho de Conclusão de Curso - Graduação
Famílias poliafetivas e simultâneas: uma análise a partir dos princípios constitucionais
Considering the lack of acceptance by the Brazilian legal system of simultaneous and poliafective relationships, the current research aims to analyze the difficulties faced by these family formations to be socially and legally accepted. In order that, it is necessary to address the constitutio...
Autor principal: | CUNHA, Brenda Matos |
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Grau: | Trabalho de Conclusão de Curso - Graduação |
Publicado em: |
2022
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Assuntos: | |
Acesso em linha: |
https://bdm.ufpa.br:8443/jspui/handle/prefix/4718 |
Resumo: |
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Considering the lack of acceptance by the Brazilian legal system of simultaneous and
poliafective relationships, the current research aims to analyze the difficulties faced by
these family formations to be socially and legally accepted. In order that, it is necessary
to address the constitutional principles that are applicable to family rights, the social
role of the family nucleus today, the new models protected by Constitution of 88, the
main similarities and differences between simultaneous and poliafective families and,
then, how Brazilian indoctrinators and jurists have manifested themselves on this topic.
Thus, it was done an exploratory survey with a deductive methodological approach
and it was based on documentary and bibliographic research and analysis of
decisions. To sum up, it was concluded that despite the legislative provision about the
topic has not included them explicitly in the constitutional and infraconstitutional list, it
is possible to give the protection constitutionally provided to the simultaneous and
poliafective families based on the principles stablished by CFRB. As solution, it is
argued the possibility of the jurisprudence, as well as it has already occurred in the
legal field, stablishes a favorable position to the unions studied here, so it can
incentivate a possible legal change or stablish an understanding that allows a fair and
prejudice-free assessment of cases involving family simultaneity and poliafectivity. |