Namoro ou união estável? Os limites entre uma relação fática e uma relação jurídica

Abstract

The work is guided in the legal controversy regarding the admission of a union between two people as stable because there was a significant amount of Judged it attaches to mere dating the stable status considering that the requirements are very subjective, which raises scope for different interpretations which may not reflect reality once agreed by the couple, facilitating the consummation of property fraud upon separation or death of a partner. It points out the need for thorough and robust evidence of the intention of those involved in living as married and be legally titled, stating it is essential that the courts only recognize a stable union in cases where the evidential framework expose very forceful way the relationship in autos, never in dubious situations, avoiding discretionary decisions. In an attempt to minimize the probability of mistake in the framework of the relationship by court, it is proposed to use the French model, which legitimizes the stable only upon contract signing between the pair, called the Civil Solidarity Pact, because that way it is clear the purpose of the couple solemnize their commitment to the State, aware of the legal consequences that this decision result, which ultimately make legal demands of family nature the last resort in resolving eventual disputes.