O RECONHECIMENTO DAS RELAÇÕES POLIAMORISTAS COMO ENTIDADE FAMILIAR SEGUNDO A PERSPECTIVA CONSTITUCIONAL DO DIREITO DE FAMÍLIA

Abstract

The present work aims to understand the reasons for not fully recognizing polyamory as a family entity; principle of monogamy and its influence in today's society; legal gaps regarding the express regulation of the rights inherent to polyamory supporters; affection as a basis for family ties and other considerations that extend to a tacit mutation in the express text of the Civil Code of 2002. Initially, it presents an analysis of the family and marriage institute based on what the Federal Republic of Brazil's Constitution says in conjunction with the current Brazilian Civil Code. It establishes an analysis of the constitutional principles in family law, highlighting the principle of human dignity. Afterwards, it positions an analysis of the missing and almost rare jurisprudence on the effectiveness of the family entity in relation to the supporters of polyamory, leaving matters of property sharing, adoption and inheritance vague. Finally, the research concluded by the possibility of recognizing polyamorous relationships as a family entity, as long as the existence of affection, love, affection, respect and reciprocity between supporters is verified, and they can exercise the full right of family power.