JUDICIAL SEPARATION IN BRAZIL: AN INSTITUTE IN ENDANGERATION?

Abstract

This article investigates the history and relevance of legal separation in Brazil, analyzing its historical role and the transformation of this institution after the enactment of Constitutional Amendment No. 66/2010. Initially, the article addresses the legal evolution of legal separation, from its essential function in the dissolution of marriage to its progressive replacement by direct divorce. The methodology includes bibliographical research and normative analysis to examine the legal and social impacts of the relaxation of divorce. The results demonstrate that legal separation, although still provided for by law, has become marginalized. It reaffirms that Amendment 66 simplified the termination of marriage, consolidating divorce as the main tool for marital dissolution and relegating legal separation to a residual role in the legal system, and analyzes topic 1053 of the STF.