DIVÓRCIO: SOLUÇÃO PARA CONFLITOS ENTRE CASAL OU CAMINHO PARA EXTERMÍNIO DE LAÇOS FAMILIAR: NUMA VISÃO JURÍDICA E SOCIAL COM BASE NA REALIDADE ATUAL QUEM ESTAVA CERTO NAS SUAS FUNDAMENTAÇÕES NO MOMENTO DA PROPOSITURA E PROMULGAÇÃO DA LEI DO DIVÓRCIO: DIVORCISTAS, ANTIDIVORSISTAS, A IGREJA OU O ESTADO?

• DOI: https://doi.org/10.22533/at.ed.9922407112

• Palavras-chave: Divórcio; Desestruturação Familiar; Relacionamento.

• Keywords: Divorce; Family Breakdown; Relationship.

• Abstract: The Brazilian Senate's Proposed Constitutional Amendment, which became the Divorce Law number 6,515 of June 9, 1997, brought profound social changes to Brazil. When arguments between couples increase, some couples understand that the best solution is for each one to go their own way. This separation tends to bring disastrous consequences for the family most of the time. In divorce, when there is agreement between the parties, the process is simpler because it is consensual. However, in other situations, when one of the parties does not want to get divorced or does not agree with the terms, problems begin to arise and the question is: how will the separation happen if the spouse does not want the divorce? The answer is simple, but the process is not so simple. No one is obliged to remain married. That is why there is contentious divorce, which occurs when the parties cannot reach a separation agreement. This work aimed to conduct a bibliographic review of books, periodicals, scientific articles, websites and other sources of information, aiming to provide support for answers in the context and current family reality, who was right in their foundations from a legal perspective at the time before and during the Proposal and Promulgation of the Divorce Law of September 9, 1997. In this work, the authors concluded that although the number of marriages in the period after the Promulgation of the Divorce Law is higher than civil marriages and even homosexual marriages in the current context of society; the children, the family and Brazilian society itself have lost out in relation to previous behaviors and legal precepts. Currently, a large part of post-divorce families are dysfunctional, with rebellious and/or abandoned children; leading to total family breakdown, as the Church and Anti-Divorce advocates had already predicted in their foundations and opposing arguments. Also, even if the Separation and Termination of the Matrimonial Bond is Consensual, there is no guarantee that the conflicts between couples will end with Divorce; whether it is a Contentious Divorce, or a Consensual or Extra-Judicial Divorce.