AUTONOMIA PRIVADA NAS RELAÇÕES FAMILIARES

É POSSÍVEL NAMORAR ATUALMENTE?

Abstract

This paper aims to demonstrate the application of private autonomy in interpersonal relationships, especially affective relationships and, in this case, dating, considering that, currently, this type of relationship is too close to common-law marriage. Many times, because couples live their relationship to the fullest, common-law marriage is unduly recognized, thus invading the sphere of people's autonomy to determine how they relate to each other. In order to do so, we started by analyzing and telling apart autonomy of will from private autonomy, their correlation with the principle of minimum family law and free family planning applied to family relationships and, finally, debate whether it is possible to date today. It was found that, for people to be able to date freely and, consequently, fulfill their personal goals, achieving their so desired happiness, minimum intervention in the couple's private sphere is necessary. Thus, people’s freedom to determine how to experience their relationship should prevail, without interference that could lead to an unwanted and non-existent common-law marriage situation. In order to do so, the deductive method was used through bibliographical research, and the study of Brazilian legislation and doctrine.