Detalhes bibliográficos
| Ano de defesa: |
2019 |
| Autor(a) principal: |
Camelo, Teresa Cristina da Cruz
 |
| Orientador(a): |
Daneluzzi, Maria Helena Marques Braceiro |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
Brasil
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/22451
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Resumo: |
Polyaffective unions are the subject of this study that seeks to investigate the possibility of this relationship type being identified as a family entity in order to receive protection from the State and discuss the treatment that could be given in case of its dissolution, specifically in regards to “inter vivos” asset sharing. In order to essay here our conclusions about the topic, it was necessary to course a long path, sustained by exploratory, inductive, investigative, bibliographic and discursive procedures required to the dimensioning of family in the present and to the comprehension of its new axiological charge. We analysed the principles applicable to Family Rights and the juridical nature of monogamy in order to shed light onto the possibility of recognition of this affective formation, that diverges from the traditional monogamous model. The examination of typical family entities and those that emerge based on affection also became necessary in order to think through the approximation or deviation from this relationship model, that still continues to cause discomfort in society. Furthermore, the outline of polyamorous relationships too had to be traced seeking to identify which one of them, in the non-monogamous universe, stands strong to receive the denomination of polyaffective and achieve the family status. Fact is, despite of engrained preconceptions, polyaffective relationships are a reality that the State cannot ignore, and the patrimonial effects generated, in case of dissolution in life, deserves discipline that cannot remain attached to the obligational field, as it results of relationships that bear humans' strictly personal nature. The moral patterns that in each time included or excluded individuals do not yet conciliate with the new axiological rules presented by the Federal Constitution of 1988, that possesses the dignity of the human individual as a fundamental principle of the Democratic State of Law and unifier pole of all fundamental rights |
