A possibilidade de reconhecimento das relações poliafetivas pelo ordenamento jurídico brasileiro

Abstract

Polyamorous relationships are those in which those involved do not adopt the traditional monogamous relationship model, which is based on patrimonial, religious and patriarchal ideals, and relate affectively and sexually, in different and particular ways, with more than one person. Many “couples” composed of more than two people have sought legal recognition, as they sometimes meet the requirements of a stable union. Considering the existence of such relationships and families, it is necessary to analyze the origins and foundations of the existing legal prohibitions for their recognition, as well as the possibility, brought about by the constitutionalization of family law, that such relationships be recognized and that, thus , such families achieve access to their rights, since the new concept of “democratic” family has increased the appreciation of affection, individual freedom, solidarity and equality in the family environment, to the detriment of the previously primordial patrimonialism.