Famílias paralelas: uma análise sucessória à luz da boa-fé no concubinato

Abstract

The article's goal is to discuss the application of the succession law's rules in the Brazilian legal system in the reality of parallel parenting to understand how the figure of the concubine behaves. This work will demonstrate how concubinage's existence, though recurring in the social environment, is marked by prejudice, which does not consider and marginalizes the role of good faith concubinage in the relationship based on moralistic and monogamous grounds. This research will analyze how the legal system comprehends the role played by the concubinage in the union through legal positivization and jurisprudential understandings, highlighting the main difficulties that the concubine of good faith struggles after their partners death. Finally, it will investigate the limits and viability of state intervention in family relationships based on family protection, with a broad focus on the damage caused to one of the relationship's parts at the expense of excessive gain of others caused by current succession rules. This study was developed based on theoretical research through a bibliographic study of the qualitative approach, with emphasis on conceptual and critical procedures.