A constitucionalidade das uniões poliamoristas e sua relação com os princípios da igualdade e do pluralismo familiar.

Abstract

This monograph aims to prove that polyamorous stable unions are framed in the Brazilian constitutional order, as well as demonstrate that its recognition is based on the principle of equality and family pluralism. To support this, an analysis will be made of the evolution of the stable union in Brazil, from de facto society to homo-affective stable union. In addition, an examination will be made of the rationale of the judgment rendered in Extraordinary Appeal 1.045.273 by the STF and the decision rendered in the Request for Procedures No. 0001459-08.2016.2.00.0000 that proceeded before the CNJ. As we will see, the grounds used by the judges were influenced by the repulsion that Brazilian society has towards non-monogamous relationships, contrary to the legal support used by the same Court in ADI 4277, which considered homo affective stable unions to be constitutional. Finally, there will be an explanation of what the principles of equality and family pluralism are and how they relate to the polyamorous family. Keywords: Polyamory. Equality. Family. Pluralism. Constitutionality