A EVOLUÇÃO DO CASAMENTO E DA FAMÍLIA NO BRASIL

Abstract

Marriage in Brazil is regulated by the 2002 Civil Code and is defined as the formal union between a man and a woman, carried out before a judge. There are three main forms of marriage: civil, held at the Civil Registry Office; religious, according to the rites of a religion; and religious with civil effects, which requires civil registration after the religious ceremony. In 2011, the Federal Supreme Court recognized stable unions between people of the same sex, expanding the definition of family to include same-sex unions and other family configurations. Property regimes in marriage vary: partial community, where assets acquired during the marriage are shared; universal communion, which includes all pre-existing assets in the relationship and those obtained during the marriage or stable union, become the property of the couple; final participation in the cases, which shares assets acquired only in the dissolution; separation of assets, where each spouse maintains their own assets; and mandatory separation of assets, imposed in specific cases such as for people over 70 years of age. Modern families include the nuclear family (parents and children), the single-parent family (one father or mother and children), the surrogate family (with custody or guardianship), the plural family (several affective unions) and the homo-affective family (couples from the same sex). Parentage can be biological or adoptive, with the 1988 Constitution guaranteeing equal rights for all children. Voluntary recognition of adoption is the act of accepting paternity or maternity of children outside of marriage, and family power is exercised by parents over minor children. Polyamorous unions, involving consensual relationships between three or more people, differ from polygamy in that they do not require hierarchy or emotional exclusivity.