Fonseca, Rafael Campos Soares da2024-12-042024-12-042023LEMOS, Maria Cristina Almeida Pinheiro de. O protagonismo criterioso do princípio da proporcionalidade na mudança de perspectiva para as famílias simultâneas no cenário jurídico contemporâneo. 2023. 90 f. Dissertação (Mestrado em Função Social do Direito) – Faculdade Autônoma de Direito, São Paulo, 2023.https://repositorio.unialfa.com.br/handle/123456789/502The present research has the general objective of analyzing the possibility of relativizing the principle of monogamy so that jurisprudence can bring legal certainty and avoid conflicting decisions. It is perceived that there is relevance in the subject under study, since it was possible to verify, in preliminary research, the existence of divergences between the votes that supported the judgments, so that there was no unanimity, as well as, there was the verification of divergence between the decisions uttered by first degree judges, by judges and by ministers. Therefore, the focus was on the analysis of these postulates, with the aim of promoting a debate between jurisprudence and principles, emphasizing the existence of decisions based on the promotion of the social function and maintenance of legal certainty in the field of Family Law. The research hypothesis is that the principle of monogamy can be relativized so that the Courts start to consider the existence of two simultaneous families with a link (father or mother) in common, determining how the sharing of goods and property rights will be when the death of the common bond. Therefore, the specific objectives are the evolution of the concept of family from a legal perspective in Brazilian society, addressing the existence of marriage, stable union and parallel families; discuss the advent of the principle of monogamy, addressing its historical, jurisprudence and legislative aspects; point out and analyze the main decisions of the state and higher courts about the existing rights in view of the verification of parallel family arrangements; and, build a critical-legal position addressing the existence of principles, their conflicts during the application of a norm and the consequences of relativizing the principle of monogamy for legal security. In its methodological aspect, this social research will be qualitative and will be structured based on the hypothetical-deductive method, making it possible to understand the existence of some hypothetical propositions, which will be defined within the context of Family Law and conflicts involving the existence of family arrangements simultaneous. In this context, the bibliography review, mainly with the analysis of literature, articles, laws and news from newspapers and magazines, will enable the formulation of conceptual aspects, mainly in the understanding of what is marriage, stable union, concubinage and the formulation of the principle of monogamy, making it possible to understand the existence of these legal institutes and their practical application before the courts.ptDireito de FamíliaFamílias simultâneasDignidade da pessoa humana.