Entidades familiares derivadas da prática do poliamor: a necessidade do reconhecimento pelo Ordenamento Jurídico Brasileiro

Abstract

The family, in a first moment constituted only by the marriage tie, was formed by economical interests and it used to be under strong influence from religion and the State, being a social gist based on inequalities between men and women, with a strong patriarchal bias. Having the society changed its values, the social movements’ search for equality and freedom, the protection to the human person’s dignity, consecrated in the Federal Constitution of 1988, a new scenery was presented. The ways of coexistence were amplified, giving the opportunity for new models of conjugality, which need to be recognized by the Brazilian legal system as family entities to not cause the juridical silencing and invisibility of such involvements.The polyaffective relations are among these new ways of relationship. Thus, from the use of the deductive method and having the bibliographical research as a technique, the study was conducted with an analysis of the principles of the human person’s dignity, freedom, equality, autonomy and the minimum intervention of the State, in order to found the recognition of polyamory as a family by the Brazilian Law