Portal de Periódicos da CAPES

A FAMÍLIA NAS CONSTITUIÇÕES

2006; Issue: 48 Linguagem: Inglês

1984-1841

Dilvanir José da Costa,

Brazilian Legal Issues

The Family Law is one of the most important branches of Law especially in Brazil due to the development of its Constitutions. The author takes many C onstitu tions starting with the Republican Constitution from 1891 that registered the marriage only as the civil one, keeping in mind the previous Empire Constitution from 5th March, 1824, in which the marriage was considered only by the view of the Church. In the Constitution of 1934 the religious marriage started to be treated with civil effects. The Constitution of 1946 established that the eternal marriage, the religious marriage and the civil marriage would be equivalents to the civil one since the person in charge to celebrate the wedding or any one interested requires that. The religious marriage without previous civil instruction can be inserted in the future in the Public Register. By the Constitution of 1967 and the 1st Amendment of 1969, the concepts introduced by the previous Constitution were kept. However, the 9th amendment ended the eternal marriage and introduced the divorce in the country. The Constitution of 1988 reaffirmed the civil marriage, determined that the religious marriage would have the effects of the civil one, recognized the stable union between the man and the woman as a family entity, stipulated that the rights that refer to the marriage are equal for man and woman and reaffirmed the divorce. 1. A Constituicao do Imperio e o casamento apenas religioso A Constituicao do Imperio, de 25 de marco de 1824, assim dispunha em seu artigo 5o: