A (in)aplicabilidade das normas relativas à união estável: reflexos do registro civil na garantia de direitos aos companheiros

Abstract

The family entity formed through simple, continuous, lasting public union has always proved to be an option for couples who wish to form the family bond without limiting their union to the formalities of a marriage. However, although it is a natural form of family formation, the stable union has gone through an arduous trajectory in our ordering, as well as the partners often are unequipped in the peculiarities of their bond and in the guarantee of rights. In this sense, given the natural informality of the institute, as well as the possibility of public registration of these links, the present study analyzed the effects of civil registration on the direct or indirect recognition of stable unions in the decisions of the Court of Justice of Rio Grande do Sul, in 2016 and 2017, verifying their influence in the guarantee of rights to the companions. Thus, the dialectic was used as a method of approach, considering the contrariety of the topic under analysis, and those of procedures were the bibliographic, the monographic and the comparative. Considering the observation of jurisprudence, it was verified that the civil registry has usefulness in the field of evidence for the recognition of the bond between the cohabitants, being necessary the corroboration of its content by other evidence of the existence of the familiar entity. Thus, it is possible to conclude that, within the bounds of the gaucho court in the analyzed period, stable registered unions do not have different rights or facilitation in guaranteeing rights to comrades, when compared to unregistered stable unions, thus safeguarding the institute's informality.