Deveres conjugais: efeitos jurídicos na ocorrência de ruptura da sociedade conjugal

Abstract

The dissertation discusses the contemporary process that influences the positive civil judicial norms of the Family Law, based on a theoretical framework with focus on Family and Society. The analysis emphasizes the period starting with the promulgation of the Brazilian Civil Code of January 1st,1916 and until the beginning of the 21st Century when the complementary Law No 10.406 of January 10th , 2002 was issued. This new Law constitutes a new civil codification, effective from January 11, 2003. Social changes occurring within this period are analyzed highlighting the judicial effects of matrimonial obligations when the rupture of the conjugal society, through divorce or separation, happens. The social dynamics within this period changes the family behavior, values, interpersonal and family conjugal relationship, creating social demand for recognition and institutionalization of new familial arrangements by the civil law. The study discusses the efficacy of the connubial rights established by the Civil Code for the married couple, or those living on a “steady union”, such as fidelity and residence in the familiar home. The efficacy of the law is related to the consequences to husband or wife for not abiding to the rules and norms of the conjugal duties, stated on the Civil Code. Therefore, the present work discusses the existence of penalty and punishment, for those breaking the norms as stated on the civil law ordinances. The research questions aim, firstly, to verify which matrimonial obligations are assumed by those married or living on a “Steady Union”, and secondly, to confront those obligations with the ones listed on the 1916 and 2002 Civil Codes. The constitutional principles of the Family Civil Law are discussed to shed light on the new paradigms of this branch of Law. Comments are made on the Project of Law No. 2285/200, Family Statute, presently on the National Congress for discussions and voting. Lastly, the judicial effects of neglecting the connubial obligations on the legal actions of divorce and separation are analyzed. The methodology used for this research work was historic documental in addition to consultation of bibliographic sources, based on the legal doctrine and interdisciplinary approach for discourse analysis.