"The effectiveness of the public deed for “non-married couples”

Abstract

The Brazilian provisions named “União Estável”, that is a regulation for non-married couples, and marriage, cannot be mistaken, as the intention of the people that decide to live together in a formal or informal manner. Nevertheless, the short regulation related to non-married couples has lead to uncertainties as for the effects resulted from the relationship which is public, continuous, loving, long lasting, aiming to create a family. Hence, leading the officials to apply the laws of marriage. The family created by non-married couples needs to receive the attention necessary in order to avoid or, at least, minimize the disputes that might come up from the relationship itself and the relationship of the family within society. Besides, in this context, the intervention of the notary office has been effective ensuring basic regulations that have been grounds for the union itself. The article, under the provision 226 of the Brazilian Federal Constitution, spoke about the provisions related to the subject, researching doctrine, jurisprudence, statute law, and the regulations provided by the “Corregedoria do Conselho Nacional de Justiça”, which is similar to internal affairs for the judiciary power in Brazil, and the “Tribunais de Justiça”, which are State Courts of Appeal among the federation in Brazil, from the states of Santa Catarina, Rio Grande do Sul, and São Paulo. Finally, the article aims to state that the contract provided for non-married couples executed in the notary office can be effective for the time before the execution and orga omnes, if the legal requirements for the execution are complied. As a result, there will be judicial safety, publicity, and effectiveness to the legal act accomplished by the duty of the notary.