Democratização da família: o reconhecimento de modelos familiares abertos e sua legitimação pelo contrato

Abstract

The values of the Constitution provide that the family, as the basis of society, must be recognized and protected by the State to ensure the dignity of the human person, equality, democracy, solidarity, freedom and individual autonomy among its members, which allow the pursuit of happiness in a relationship of affection. All existing family entities should, therefore, be protected by the legal system, guaranteeing them rights and duties necessary for their consolidation. However, it is known that the existing legislation contains omissions and discriminates between different familiar entities. In the current Civil Code the partner has fewer rights than the spouse. In addition, there are several forms of families that still are not recognized and properly protected by civil encoding, such as parallel and families formed by more than a couple. So, this article proposes to carry out reflections on the subject in order to recognize a concept of family that allows the legitimation of open family models. Furthermore, it aims to highlight the freedom and autonomy of each individual to form and lead their family relationship through the contract, in a democratic order.