BETWEEN THE NORMS AND REALITY: THE RECOGNITION OF STABLE UNIONS OF MINORS UNDER 16 YEARS OF AGE IN THE BRAZILIAN JUDICIARY

Abstract

The research intends to investigate the legal treatment given to the recognition and dissolution of stable unions involving girls under 16 years of age, highlighting the existing normative gap regarding the definition of a minimum age for the constitution of these relationships. The phenomenon is approached from a socio-legal perspective, allowing a critical analysis of its implications. From this context, two judicial decisions rendered by the Courts of Justice of Minas Gerais and São Paulo are compared, which reveal divergent positions. The study aims to understand the criteria used by judges in their deliberations, seeking to identify which approach provides greater protection to children and adolescents. The social relevance of this theme justifies the research, aiming to contribute to the critical review of Brazilian legislation, which still lacks adequate rules to ensure the full protection of minors involved in early unions, in addition to providing a clear view of the understandings adopted by the courts in similar cases.