FAMILY: LEGAL PROTECTION AGAINST NEW FORMATIONS

Abstract

This research carefully analyzes the legal protection of contemporary families in the Brazilian legal system, particularly legislative gaps and the case law that addresses the lack of specific regulations. The choice of this topic is justified by the need to understand how new family configurations, such as concurrent, same-sex, multi-parent, and single-parent families, have been recognized and regulated in a context of social change and regulatory resistance. The overall objective was to identify how legislative omissions compromise the effectiveness of these families' fundamental rights, leading to their dependence on court decisions to ensure equality and protection. The methodology adopted was qualitative and bibliographic, based on doctrinal works, legislation, and decisions of higher courts. The main results indicate that, although the jurisprudence of the Supreme Federal Court (STF) and Superior Court of Justice (STJ) has promoted significant advances, such as the recognition of same-sex civil unions and multi-parent families, the lack of specific legislation maintains legal uncertainty, unequal treatment, and the exclusion of certain family structures. It was found that the fragmentation of legal protection and the absence of integrated public policies perpetuate the vulnerability of these families, and that legislative reform that expressly recognizes all forms of family organization is urgently needed, guaranteeing them full protection and equality.