A extinção do instituto da separação no direito das famílias brasileiro

Abstract

The present work has as main object the analysis of the recent Constitutional Amendment No. 66, July 13, 2010, which removed the last part of Article 226, paragraph 6 of the Constitution, removing the requirement of prior judicial separation and during the period time before needed to extinguish the marital bond as well as its main impact in the legal world. The research was done through data collection and systematic study of the doctrines, laws and jurisprudence on the subject. The rationale of the Proposed Amendment to the Constitution (PEC) by Mr Sergio Barradas Carneiro, together with the Brazilian Institute of Family Law (IBDFAM) was essential and decisive to get the conclusion about the consequences brought by the reform to the legal , since it reflects the actual intent of the legislature to approve the amendment of the constitution. The modification of the device brought intense discussion about the legal harvest in their true scope. Maintains a minority of jurists, the permanence of the requirements for the decree of divorce, based on the full effectiveness of infra-constitutional legislation, as adduced in the opposite direction the party line, the extinction of the legal separation and the time requirement of our system patriotism. However, after exploring various works, legal articles, laws and judged, it is concluded that the constitutional amendment, achieved after years of struggle, has not been introduced to bring superficial changes in the legal world, but instead came to translate the aspirations of society itself, which has long demanded the reduction of state intervention in its relations strictly personal and private. In this sense, nowadays, Divorce waive any condition to its enactment.