A legalidade e a eficácia dos contratos intramatrimoniais no direito brasileiro

Abstract

This work aims, in general, to analyze the transformations of Family Law in Brazil, highlighting the evolution of family configurations and their social and legal implications, as well as the attempt to define the concept of family. Furthermore, the objective is to demonstrate the crisis of codified law, despite the various normative advances that marked the last century, with the consequent advancement of the phenomenon of contractualization of family relationships, from the perspective of intramarital contracts, with the discussion of their legality, validity and effectiveness in Brazilian Law, the latter being the specific objective of this work. To develop this work, the hypothetical deductive method was used with bibliographical research, through the analysis of doctrine, normative content and jurisprudence. The brief conclusions arising from this work are, in theory, that contractualization presents itself as a powerful tool to guarantee the autonomy of the parties involved, promoting a more harmonious and respectful family environment, due to the crisis of codified law in the country; and that intramarital contracts are valid and effective, due to compliance with the normative content that governs them, as well as the will and autonomy of the parties.