Direito Civil - Aula #266 - Tipos de Família (É isso!)

Summary

This video explores various types of families recognized in family law, including matrimonial, convivential, concubinage, and polygamous families, as well as those like blended, single-parent, and extended families. It also covers emerging concepts like pluriparental and co-parental families, offering insights into the evolution of family structures. The video delves into how law views these family types, with special attention to the implications for legal rights and duties. It concludes by mentioning the future exploration of the principles of family law and marriage, promising further discussions on these complex topics.

Takeaways

• 😀 The concept of family is broad and varies in legal, doctrinal, and jurisprudential contexts, with at least 15 recognized types of families.
• 😀 The matrimonial family is the traditional family formed through marriage, governed by the Civil Code, which still reflects societal norms from 1969.
• 😀 A convivential family, or stable union, involves two people living together without marriage, often by choice, and is legally recognized as a valid family form.
• 😀 The concubinatory family refers to a relationship where two people live together but are prohibited from marrying due to legal impediments.
• 😀 Adulterine families involve relationships between married individuals and someone outside their marriage, which is legally considered a spurious union.
• 😀 Incestuous families are those formed by individuals who are closely related by blood (e.g., siblings or parent-child), which are not legally recognized.
• 😀 Eudaimonist families, or communal families, involve multiple individuals in a polyamorous relationship, but these types of families are not yet fully recognized by law.
• 😀 A mosaic or reconstituted family involves the union of individuals who bring children from previous relationships, resulting in a blended family.
• 😀 Monoparental families consist of a single parent raising children, which could involve situations of abandonment, death, or separation from the other parent.
• 😀 Pluriparental families involve more than two parents, with biological, adoptive, or socio-affective parental figures, and are a more recent concept in family law.
• 😀 Families that lack a mother or father are called anaparental families, often led by older siblings or other guardians assuming parental roles.
• 😀 Coparental families involve a man and woman who choose to have children together without romantic involvement, often through a coparent agreement, maintaining parental duties without emotional attachment.
• 😀 Family types such as substitute, extended, and foster families exist within the legal framework to protect and support children in different care situations.
• 😀 The distinction between heteroaffective and homoaffective families no longer holds legal significance, as there is now equality of treatment between families regardless of sexual orientation.
• 😀 Unipersonal families refer to situations where a single person is legally recognized as a family, primarily to protect assets, such as in the case of individual property that cannot be seized due to family protection laws.

Q & A

What is the 'Família Matrimonial' (Matrimonial Family) according to Brazilian law?

The 'Família Matrimonial' is the traditional family formed through marriage, as defined in the Brazilian Civil Code. It is the family that arises from the legal union of two individuals through marriage.

How does the 'Família Convivencial' (Convivial Family) differ from the Matrimonial Family?

The 'Família Convivencial' is formed through a stable union (union estável), where two people live together as a family without being married. This contrasts with the 'Família Matrimonial,' where the family is established through a formal marriage.

What is the 'Família Concubinária' (Concubinous Family) and why is it marginalized by the law?

The 'Família Concubinária' is formed when two individuals live together but are legally prohibited from marrying, such as due to consanguinity or affinity. Although recognized by the law in certain contexts, it is often considered marginalized and is not fully accepted in family law.

Can a family be legally recognized if it is formed by an adulterous relationship?

Yes, the 'Família Adulterina' (Adulterous Family) refers to a family formed by individuals who are married to other people. However, the relationship is considered illicit or spurious due to the violation of marital fidelity.

What is an 'Incestuosa Family,' and why is it not legally recognized?

An 'Incestuosa Family' is formed by individuals who are closely related, such as siblings or parent-child, and live together as a family. However, these unions are not recognized by the law and are considered illegal due to the incestuous nature of the relationship.

What does 'Família Eudemonista' (Eudemonistic Family) represent, and how is it different from traditional family structures?

The 'Família Eudemonista' is a family structure based on the idea of happiness and freedom without limits. It is often associated with polygamous or polyamorous relationships, where multiple individuals live together as a family, emphasizing personal fulfillment rather than traditional marriage.

What is a 'Família Mosaico' (Mosaic Family), and how is it formed?

A 'Família Mosaico' is a blended family formed when individuals with children from previous relationships come together to form a new family. Each individual brings their own children, creating a new family dynamic where children from different relationships are treated equally.

What defines a 'Família Monoparental' (Monoparental Family), and can it involve both mothers and fathers?

A 'Família Monoparental' is a family where only one parent, either a mother or a father, is responsible for raising the children. It typically occurs when one parent is absent, either due to abandonment, death, or separation.

What is a 'Família Pluriparental' (Pluriparental Family), and how does it differ from a traditional family?

A 'Família Pluriparental' involves more than two parents, where multiple individuals, both biological and social, are involved in raising a child. This structure allows for multiple parental figures, such as biological parents and non-biological individuals, to have legal rights and responsibilities.

What is the 'Família Anaparental' (Anaparental Family), and how does it function?

The 'Família Anaparental' is a family structure where children are raised by siblings or other relatives in the absence of their biological parents. Typically, a responsible relative, often the oldest sibling, assumes the parental role in this family setup.

Can a family exist with only one person, and what is the legal concept behind it?

Yes, a 'Família Unipessoal' (Unipersonal Family) is a legal concept where a single individual is considered a family, especially for the purpose of protecting family assets. It is treated as a family unit for legal and financial reasons, even though it consists of only one person.

What are the key differences between 'Família Substituta' (Substitute Family) and 'Família Acolhedora' (Foster Family)?

A 'Família Substituta' is a temporary family where a child is placed before adoption, while a 'Família Acolhedora' provides temporary care for children in need but does not intend to adopt. Both families provide care but differ in their long-term intentions.