Descrição
The movement of personalization of Lawand the conception that every legal norm of the
Brazilian legal system must inexorably follow the precepts relating to fundamental rights,
embodied in the Federal Constitution of 1988, initiates the conception of Civil-constitutional
Law and, consequently, changes the paradigm of family relationshipsand the scope of the
guardianship by the State. The affectivity becomes the foundation of the family law. The new
constitutional order establishes to the category of fundamental right,the special protection of
the family by the State, accepting the porosity of an open and plural system in the constitution
of the family entities.Given this new scenario,it is also understood that the theory of the
efficiency of the fundamental rights is applied in the relations between private individuals. In
face of these constitutional transformations, it is now understood that the relations marked by
ostensibility, affectivity, stability and subjective good faith are considered families, therefore
must be protected by the juridical order, irrespective of the form it takes. The open concept of
family results in new pretensions, in which people are seeking the recognition of the
simultaneous families. The discussion regarding the possibility of their recognition revolves
around the multiplicity of the affective-sexual relationships. The initial step concerning the
mentioned recognition is the affirmation that monogamy is a principle that has been slackened
with the plural conception of the contemporary family.The Family, as a place of promotion of
individuals, cannot suffer great restrictions by the State, which may only intervene to
guarantee the dignity of its members, according to the principle of minimum intervention of
the state. In face of legislative omission by the State, in recognizing the existence of the
simultaneous family as a family arrangement compatible with the constitutional protection, it
is up to the Legal State , by means of the application of the theory of efficiency of the
fundamental rights in the private relationships, to compensate for the legislative omission,
guaranteeing the recognition of the effects of personal and patrimonial nature of the
simultaneous families as a way of reaching the purpose of conception of the eudemonist
constitutional family, which is the quest for happiness and guarantee of dignity of the
individuals who compose it .
