Aspectos polêmicos do contrato de namoro, à luz da natureza jurídica da união estável

Abstract

This article aims to address the controversial aspects of the “dating agreement”. Given the evolution of social and affective bonds, it has been increasingly common for couples to maintain long-lasting public relationships, but without the intention of starting a family. In order to prevent themselves from the patrimonial and succession effects resulting from the stable relationship, couples started to enter into the so-called “dating agreement”, by which they set forth the circumstantial and reciprocal absence of affectio maritalis. This subject took on greater relevance when the Brazilian Federal Supreme Court recently recognized the equivalence of a stable relationship to marriage for succession purposes, instigating heated debates regarding the inclusion of the partner in the list of necessary heirs. Although part of the doctrine still understands that the dating contract is useless, under the argument that the stable relationship is characterized by a factual situation, whose configuration does not require any solemnity, the Brazilian Courts begin to show signs of flexibility of such understanding