Famílias paralelas sob a ótica dos tribunais superiores.

Abstract

This final paper analyzes the position of the Higher Courts on the recognition of parallel families as a family entity. Highlighting the changes that the term family has undergone over the years in its composition, function and especially in conception. Leaving aside characteristics such as marriage, hierarchy, patriarchy and heterosexuality, to give way to an institution based on affection and the pursuit of personal happiness of its members. It also highlights which family arrangements are currently covered by the term. In addition, it exposes the concept of parallel family, and demonstrates that the doctrinaire and jurisprudential divergence on its lawfulness as a family arrangement is based on whether monogamy is considered a principle or a mere custom inserted into the Brazilian legal system, as well as the fact of using the technique of weighting principles in concrete cases. And finally, it brings an analysis of jurisprudence regarding the prevailing positions in Brazilian courts on the subject, concluding that the trend is that parallel unions, whether in parallelism between marriage and stable union or between stable unions among themselves, are not recognized as a family entity, but as a mere concubinage. Keywords: Family 1. Parallel 2. Monogamy 3. custom 4. Courts 5.