General View of “União Estável” in Brazil (based on the Brazilian Civil Codex)
1. The parties had been seen living together, showing publicly a continuos element in the relationship as well as a strong
character in it? There is no term in the law about how many time is needed to happens the situation of União Estável; and, even being
not fair, a Brazilian Judge is free to understand which can exist love of first view. The situation is more related to facts than is related to
a juridical world. But Declarations of both parts in the relationship, in the sense which this kind of living do not exist among then, also
are considered as proves in the process of verify the existence, or not, of the União Estável.
2. The living together was established with a purpose of constitute family? Acts such as make the record of a testament indicates the
aim of constitute family; furthermore, even not being fair, a Brazilian judge is free to understand which all relationship is a try to
constitute family.
3. One or both of partners of the União Estável are married with other persons? If yes, they are alone in fact/ in juris? If married,
but in fact living alone, occurs União Estável, considering, yet, the necessity of the above situations also happen.
4. Any of the partners miss with loyalty duties, respect duties, assistance duties, etc? If, e.g., miss with the loyalty duty (adultery),
then the alimony (food, house, clothes, etc) can not be proportional to the quality of life which exist in the past, when living together,
being reduced up to the necessary to the minimum to survive.
5. Was established patrimonial regime which is diferent of the regime established by the Brazilian law when occurs silence
(regime de comunhão parcial de bens)? If there is no agreement in contrary sense, then only the things which were acquired in the
period of living together will enter in the division.
