Dissolução da sociedade conjugal e da entidade familiar após o advento da Lei 11.441/2007

Abstract

The present work aims to analize the non-judicial divorce, when both spouses wish to end the marriage, in your diferents points given a multidiciplinary view, in thesis and “praxis”. The objective is understand if the procedure of separation and divorce was facititated by the non-judicial procedure. It is also analized the interference of National Council of Justice in regulation of non included subjects in the Federal Law nº11.441/07. The resolution nº35 of National Council of Justice resolves this subjects, but, in case in our opinion it is done ilegaly because the National Council of Justice is not a legislative organ. Is analized too the constitucional amendment number 66/10, that have been changed the article 226, §6º of the Federal Constituion of Brazil, and those impacts in Federal Law nº11.441/07 incluiding the extermination of judicial and non-judicial separation of the Brasilian law system. After the signing of separation or divorces (court settlement), come some consequences of this act, but rather to make it possible to perform theses acts is needed to fill some requirements. The extrajudicial agreement is not done to regards the interests of the children unable unavailable, is also necessary the presence of a lawyer and both spouses needs to wish the divorce. These requisits are exploreted during the work