Análise principiológica sobre a família poliafetiva no ordenamento jurídico brasileiro

Abstract

The main theme of this work is the recognition, acceptance and protection of polyaffective unions, equating them with family entities, based on three central principles: solidarity, affection and plurality of family entities. The purpose of this article was to construct an answer to the question: To what extent can the national legal system, from the perspective of the principles of family pluralism, affection and solidarity, recognize and protect polyaffective family relationships? As a general objective, we try to identify whether there is the possibility of welcoming and protecting polyamorous families by the Brazilian legal system, promoting a principled analysis for this purpose. For this, the qualitative bibliographic method is used, with works and academic works dated, mostly, from 2013 to 2023. It will be discussed how monogamy structures Brazilian law and how this is problematic and discriminating, in addition, the mutability of family nuclei, through the application of the principles of solidarity, affection and plurality of family entities.