The binding precedent of Brazilian Supreme Court which reinforced monogamy as a standard for marriage and civil union under the Brazilian legal system

Abstract

This article is dedicated to the analysis of the Appeal to the Supreme Court, so called “Extraordinary Appeal” 1,045.273/SE’s trial by Brazilian Federal Supreme Court, whose General Repercussion Theme # 529 regarded the possibility of acknowledgement of two concurrent civil unions with attribution of social security benefits to both and its respective apportionment. This article presents the elements sustained by Family and Succession Law Association (ADFAS)’s performance as amicus curiae in the defense of monogamy, which were granted by the Supreme Court. It also analyses each of the Supreme Court judge’s statements and reasons to decide, thus the proclaimed Thesis towards the assertion that antecedent marriage or civil union of one of the parts in concurrent relationship outlaws legal acknowledgement of the other, including to the ends of survivors benefits attribution, as a result of monogamy principle and fidelity duty embraced by Brazilian legal-constitutional system, excluded the legal exception when marital togetherness no longer subsists.