Os reflexos da (des) necessidade de autorização para disposição patrimonial na união estável

Abstract

The family, throughout history, has undergone considerable changes in its structure and in its extension. He can currently be seen as a free and plural union of a group, based on ties of affection. No different, the conception of stable union also changed, according to social moment experienced. In the first moment, the institution was ignored by the law; after, it moved conceive it as society in fact of immoral nature; much later, it is recognized as a constitutional specie of family entity, when it began to be regulated by the Family Law by the Civil Code of 2002. However, with respect to patrimonial aspects, an issue still raises many questions, especially in doctrine: the extension of the authorization requirement for patrimonial disposition, originally scheduled for spouses, to their partners. Thus, this study sought to examine the feasibility and applicability of this requirement, as property collateral in a stable relationship. Thus, initially presented a historical tracing of the family as well as an approach to the principles that guide the current understanding of plural families institutions. Immediately thereafter sought to analyze the evolution of a stable union in the Brazilian legal system, from conception of concubinage until the constitutional form of constitute family, making a parallel to marriage. After, elaborated up an overview of the heritage aspects in stable relationships, especially with regard to the applicable property regimes and debated up about the institute of authorization. Finally, built up some possible preventive measures, in order to enable the applicability of the institute.