A coparentalidade enquanto relação contratual familiar: diálogos e reflexões à luz da jurisprudência nacional

Abstract

Non-traditional families, those formed by parents and their offspring, are sometimes conceptualized as new families. Nevertheless, other family configurations have always existed, even if they are not recognized by the law as families, so the categorization "new families" would be better understood, since they are new to the law. Among them, the co-parenting family, formed by co-parents who are not related to each other but who intend to carry out the parental project together, has become more known and, to this end, they adopt a contract that establishes the clauses inherent to the property and existential rights of parenthood. This family modality comes from the doctrinal movement called the contractualization of family relationships, which aims to explore the spaces of freedom that exist within the scope of family law. Therefore, the main objective of the article is to explore the contractualization of co-parenting in the light of Brazilian jurisprudence, since three judgments had co-parenting as the subject of judgment, which is a novelty, since until 2021 there were no judicial decisions in this regard. The method used is logical-deductive, starting from general premises applicable to concrete hypotheses, as well as techniques for analyzing bibliography, legislation and specific judgments.