As novas configurações familiares e as perspectivas jurídicas do poliamorismo no contexto brasileiro.

Abstract

Society goes through constant changes and, since the family is its foundation, it is only natural that the family goes through changes as well. Nevertheless, such transformations are often not followed by the law or accepted by parts of the society. Just as it occurred with stable unions and, more recently, with homosexual stable unions, poly-affective unions are challenged by the absence of state and legal support. The mentioned unions, characterized as an affective relationship of three or more people, although ignored, are real and are verifiable in recent attempts and realizations of registry enrollment of poly-affective unions and in the possibility of asset partition in cases of simultaneous families. In the exposed context, this research has the objective of studying Polyamory, its current obstacles and legal perspectives in Brazil. This research, thus, aims to answer the following question: what are the characteristics and perspectives of Polyamory in Brazilian juridical system? In sight of the features demonstrated in the course of this work, research leads to the conclusion that the State, and law enforcement foremost, is expected to care for and protect familiar compositions based on affection, whose aim is to establish a family and achieve happiness. Indeed, law cannot stay attached to formalities or idealized patterns of most of the society, to the detriment of families that lack its protection.