Reflexos patrimoniais do concubinato adulterino: os direitos decorrentes desta prática à concubina

Abstract

This work is a monograph required for obtaining a degree in law - UFSM. It arises from a study on the concession of rights to the concubine, according to jurisprudence and doctrine, aiming to list the patrimonial effects of concubinage. In order to better understand the theme, we sought to analyze its concepts and conflicting interpretations via a dialectical approach. In addition, through historical and comparative analysis, the historical concept and comparison between adulterous concubinage and other types of relationships was outlined. The legislation keeps the concubine away from these rights even though concubinage is a conventional behavior since the beginning of the civilization. This, along with the fact that the recent case law presents diverse position on the subject, justifies this work. Thus, through jurisprudence and family law main authors’ research, the different types of concubinage were defined and classified, as well as discriminated from stable union. Subsequently, the rights granted to the concubine were presented, according to recent court rulings. Finally, it was necessary to address the arguments commonly used by part of jurists who reject the rights of the concubine to understand the situations that cause these patrimonial effects. Although concubinage is still an extremely controversial topic amongst scholars and judges, we observed a growing tendency of the court to grant the rights in question to the concubine.