Contrato de namoro: fundamentos, repercusões jurídicas e controvérsias sobre o instrumento contratual aplicado aos relacionamentos afetivos

Abstract

Conceptions of family and affective relationships change according to the development of society and the social transformations that affect it, and it is up to the Law to monitor this context and regulate issues related to them. In contemporary times, dating has been seen as a legal possibility to be considered, not being characterized as a stable union. However, the same does not find legal determination in the national legal system. The present study consisted of an investigation about the dating contract as a possible valid legal instrument, considering its foundations, effectiveness/ ineffectiveness and controversies based on contractual assumptions. Based on the jurisprudential and doctrinal analysis carried out by the author, it was found that the elaboration of a legislation specific to dating contracts reveals itself as a possible path to be followed, as long as it is carried out considering the requirements and functions of the contracts and the issues that involve the institute of stable union. To this end, bibliographic research was carried out, which included contributions from 37 publications on the subject. Therefore, a proposal was presented that considers essential issues to be addressed in this legislative possibility, such as the criteria for formalizing the dating contract, typical, atypical and abusive clauses, elements for the characterization of affectio maritalis and automatic conversion of the relationship, among others. The dating contract remains a controversial legal issue in the Brazilian case, and it is up to jurisprudence, doctrine and, in particular, the Legislature, to encourage its resolution based on its provision in the Brazilian legal system.