Como manter a dignidade da pessoa humana, no pós morte do provedor familiar, em caso de relações poliafetivas?

Abstract

This article will analyze family law and some of its principles that are also linked to inheritance law, in order to understand the negative consequences that the judgment of Appeal to the Supreme Court number 1,045,273, which in general repercussion fixed the thesis in Theme 529 of the Supreme Court that does not allow the recognition of two simultaneous stable unions. Will be discussed within this article the construction of the concept of family as we see it today through the history and other family arrangements that were normalized at different times. It will approach the history of polyamory and the recognition of affectivity in relationships and why in Brazil there is no progressivism in the recognition of polyaffective families due to Jewish-Christian influences. Positive and negative aspects of judicial activism will be addressed. Legal aspects will be analyzed such as: the rights that polyamorous families are no longer entitled to with the Supreme Court’s decision and the possibilities of changing this decision, either by the Judiciary Power itself or by the Legislative Power. Finally, will be demonstrated the damage to human dignity and citizenship to people who wish to form polyamorous families.