Reconhecimento de direitos em uniões paralelas: um cotejo entre o ordenamento jurídico brasileiro e o princípio da dignidade da pessoa humana.

Abstract

The family, society's basic component, has special State protection, guarantees and imposing obligations to be observed by its members, this with end to preserve your structure, and ensure the precious about her due. Starting from this perspective, the Brazilian legislation establishes some limits to the concept of family, by imposing certain causes preventing the formation of the bond, which, when present, inhibit recognition of legal effects. Example to be cited is the prohibition of plural relationships, or mistress in accordance with the law. Nevertheless, grows in the judiciary, the number of actions brought by lovers, which seek recognition of your concubinage Union as familiar and, more than that, expand, in the midst of the Brazilian courts, decisions that give dismissed such demands, framing the concept of family, unions prohibited by law. Such trials, even though they recognize the legal seals, are based on the principle of human dignity, with specific application to companion. On the above, the present work aims to carry out a reflection on the theme, to conclude about convergence, or not, of the courts adopted by those with the existing legal order. For it, performs a comparison between the historical, social and legal conceptions of the Parallels, with inclusion of the doctrinal and jurisprudential perceptions in relation to the theme, and from a dialectical methodology, will reflect on the relevance of such decisions within the democratic system of law.