JOURNAL ARTICLE

The evolution of de facto relationships in Brazil: from concubinage to unmarried unions.

  • Published In: International Journal of Law, Policy & the Family, 2025, v. 39, n. 1. P. 1 1 of 3

  • Database: Sociology Source Ultimate 2 of 3

  • Authored By: Costa-Neto, João; Rocha, Jeórginys 3 of 3

Abstract

This article analyzes the modernization of family law by examining the evolving legal recognition of marriage and informal relationships, with a focus on selected jurisdictions in Western Europe, the USA, and Latin America, particularly Brazil. It highlights Brazil’s distinctive legal approach to "stable unions"—unmarried partnerships legally equated with marriage—characterized by the absence of cohabitation as a necessary criterion and the emphasis on the couple’s public intention to form a family. The study traces parallels between contemporary de facto unions and classical Roman marriage, which was based on mutual consent and affectio maritalis rather than formalities, contrasting with the formal, contractual model influenced by the Catholic Church. The article also discusses the legalization of same-sex marriage and civil unions as part of broader social and legal transformations that promote equality, human dignity, and diverse family configurations.

Additional Information

  • Source:International Journal of Law, Policy & the Family. 2025/01, Vol. 39, Issue 1, p1
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2025
  • ISSN:1360-9939
  • DOI:10.1093/lawfam/ebaf021
  • Accession Number:191632983
  • Copyright Statement:Copyright of International Journal of Law, Policy & the Family is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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