A validade do contrato de namoro e a (im)possibilidade de utilizá- lo como subversor da união estável

Abstract

The dating contract is a theme that has more prominence lately, in face of the growth in the number of contracts as a result of COVID-19. Although it has no express provision in the legal system, it has been frequently approached by doctrine and jurisprudence. In view of this, the present research aims to present, firstly, the stable union, analyzing its assumptions and differentiating it from qualified dating. In addition, it seeks to analyze whether the contract is valid and whether it has the ability to subvert a stable union, exposing the doctrinal and jurisprudential view on the subject. To achieve the purpose of this research, bibliographical research was carried out on websites and books that portray the theme, as well as on jurisprudence. It was found that the dating contract must be considered invalid, as its object is impossible, given that a stable union is an unavailable right. In the same way, it was concluded that the dating contract aims to circumvent the current legislation, aiming to remove a public order rule. Finally, it is believed that he will not have the power to subvert the characterization of a stable union when the relationship is configured in public, continuous and lasting coexistence, established with family spirit.