O ENTENDIMENTO DO STJ SOBRE O CASAMENTO NUNCUPATIVO E A DEMONSTRAÇÃO DA MUDANÇA DE PARADIGMA NA PROTEÇÃO JURÍDICA DAS FAMÍLIAS A PARTIR DA CONSTITUCIONALIZAÇÃO DO DIREITO PRIVADO.

Fraga de Oliveira Faria, João Gabriel

The constitutionalization of private law is a phenomenon arising from the 1988 Federal Constitution, which determined the reinterpretation of the rules of private law, based on human dignity. This phenomenon affects all private relations, especially those that are the subject of family law, because it is in homes that subjects develop and create their own identity. For this reason, the constitutionalization of private law requires that the rules of family law be reread in the light of human dignity; the truth is that there has been a constitutionalization of family law, which can be seen in the recent decision of the STJ, which recognized a nuncupative marriage as valid, even in the face of non-compliance with legal formalities. This is an important judicial decision, which serves as a basis for reflection on the constitutionalization of family law.

Connection Line, 2023, Issue 29, p45

1980-7341

Academic Journal

10.18312/connectionline.v0i29.2211