Análise jurisprudencial das famílias simultâneas e sua repercussão patrimonial

Abstract

The present work aimed to demonstrate the helplessness supported by simultaneous families that were not recognized, focusing on their patrimonial repercussion, from a jurisprudential analysis, which aimed to reveal the behavior of the main Brazilian courts on the subject. It was a socio-legal research, recounting the hypothetical deductive and qualitative method. The bibliographic procedural method was used, benefiting from the doctrinal framework, especially the collaboration of Maria Berenice Dias, one of the main defenders of the current that despises fidelity as an essential factor to stable union. The research also had the support of the legal and jurisprudential framework, from summations and theses of the courts, also using the method of documentary procedure, with the presentation of judicial precedents on the subject. The result of the research was the finding, through Brazilian jurisprudence, of the predominance of non recognition of the existence of simultaneous families, especially in the higher courts, which brings as a consequence the helplessness of these families, since they will have denied their property rights. To this end, a paradigmatic change in the legal view of parallel families was proposed, so that these families are recognized and three criteria for the sharing of the assets of these families were proposed, the first criterion being based on the "longevity of each family" and the second criterion in the "family intervention for the balance of assets" , being these alternatives between themselves and the third criterion, supplementing the others in the maintenance of the good in the familythatholds it.