Direitos previdenciários nas relações poliamoristas na perspectiva da teoria dos deveres fundamentais

Abstract

The present study addresses the issue of recognizing polyamorous relationships in the Brazilian legal system and their possible social security consequences, focusing on the Theory of Fundamental Duties. The exploratory and descriptive research was carried out within the Graduate Program in Law at the Faculty of Law of Vitória. It was conducted through qualitative bibliographic research and followed an inductive approach. The thesis aimed to provide an answer to the question: Is it possible to recognize the status of social security dependents for all members of polyamorous families as a fundamental right, from the perspective of the Theory of Fundamental Duties? The research was based on the theoretical framework of the Theory of Fundamental Duties developed by Portuguese jurist Casalta Nabais. The present work was divided into three pillars: the analysis of the conceptualization and characterization of polyamorous families; the study of the Theory of Fundamental Duties and its applicability in the context of judicial activism; and the investigation of the possibility of recognizing social security rights for members of polyamorous families. Throughout this academic journey, the characteristics of polyamorous relationships in Brazil were examined, focusing on constitutional principles applied to Family Law. In the second chapter, a deeper exploration of the Theory of Fundamental Duties and its compatibility with judicial activism was undertaken. This chapter also included a study of judicial precedents, their functions, and elements, culminating in the idea that the fundamental duty of the State to protect families can serve as a criterion for overcoming precedents. The third chapter studied the possibility of recognizing social security rights for members of polyamorous families, taking into account the principles of human dignity and solidarity, which are corollaries of the Theory of Fundamental Duties. Finally, a critical analysis is conducted of the General Repercussion Theme No. 526 of the Brazilian Federal Supreme Court in light of the established theoretical framework