COPARENTALIDADE: UMA ANÁLISE JURÍDICA DA CONTNUIDADE DOS CONTRATOS QUANDO DO ESTABELECIMENTO DE UNIÃO ESTÁVEL ENTRE AS PARTES

Abstract

The objective of this paper is to legally analyze the continuity of co-parenting contracts in the face of the establishment of a stable union between the parties, since the absence of clear regulation on this continuity may result in harmful consequences for the parties involved, especially for children. The lack of specific rules can generate legal uncertainty, unnecessary conflicts, and practical difficulties in managing co-parenting, directly impacting the emotional and psychological development of children. Therefore, this work sought to identify the existing gaps in the legislation to propose concrete solutions to fill them, contributing to the improvement of the Brazilian legal framework with regard to co-parenting. To this end, the methodology applied was to investigate the current Brazilian legislation related to coparenting, identifying the most relevant aspects to be addressed in the contracts, the guiding principles of their establishment and, finally, to define the paths that promote greater legal certainty for the co-relatives and, especially, for the children involved, when the relationship evolves to a stable union. After carrying out the work, it was concluded that the stable union does not invalidate the co-parenting contract, but that this change of modality is duly updated in the contract initially established so that the requirements for the validity of the contract are kept legal.