State protection of families in contrast to jurisdictional prohibitions against adulterous concubinage

Abstract

The contemporary social aspects implied in several transformations on the principles traditionally incorporated to the familiar formations. With the appreciation of the affection and dignity of the human person in the new relationships of family law, there was a need to establish, in the constitutional and civil scope, guarantees of preservation of free family planning and the isonomic legal acceptance of new family entities, being prohibited any coercibility or state impediment on such formations. However, from the analysis of judicial decisions of the Federal Supreme Court and the Superior Court of Justice, it is clear that simultaneous families are seen as violators of monogamy and fidelity, prevailing in jurisprudence these two principles as rules, prohibiting legal recognition of parallel unions. With that, this research aims to analyze the jurisprudential interpretation on simultaneous relationships and the legal provisions that deal with the current family conception, to answer the problem that questions the power and legitimacy of the Superior Courts in restricting the constitutional text, and not recognize the new family entities that infringe on monogamy. A pure and bibliographical research with an exploratory character was carried out, complemented by a methodological proposal focused on the study of judicial decisions. It became possible to conclude the reluctance of higher courts to recognize non-monogamous relationships as a social reality, proceeding with a restrictive interpretation of constitutional precepts that infringe on individual freedom, and proves to be illegitimate from the constitutional point of view.