NAMORO QUALIFICADO E UNIÃO ESTÁVEL: DO FATO NÃO JURÍDICO AO FATO JURÍDICO

QUALIFIED COURTSHIP AND STABLE UNION. FROM A NON-LEGAL FACT TO A LEGAL ONE

Abstract

The purpose of this research is to analyze qualified dating and how it differs from a stable union, given that since 2015 there have been court decisions that rely on the existence of the former to justify not characterizing the latter. Of all the branches of civil law, family law is the most dynamic and, consequently, the one that has undergone the most changes in recent decades, especially since the enactment of the 1988 Federal Constitution. The stable union, enshrined in our Magna Carta as one of the models legitimized by the State for the constitution of the family has, over the years, become the subject of intense debate by our courts. Initially regulated by Law No. 8.971/94, which required objective requirements for its formation, such as a period of time or the birth of a child, it acquired new contours through Law No. 9.278/96. The 2002 Civil Code, in turn, in Title III of Book IV of its special part, regulates this family entity between articles 1723 and 1727. In recent years, following a decision by the Superior Court of Justice, a new type of interpersonal relationship has emerged that is not regulated by the law, which has entered the legal context to restrict the recognition of stable unions. It concludes that a stable union requires full communion of life for its formation, the main differentiating aspect from qualified dating. The method used is hermeneutic, based on an analysis of legislation, doctrine and case law.