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(LOBO, 2011, p.148).

Later, because it was understood, in fact, as a family entity, the stable union received from the constituent of 1988 a legal provision regarding this new configuration, art. 226 § 3º CF / 88 (BRASIL, 1988, online), which contains the following provision: “for the purpose of State protection, the stable union between men and women as a family entity is recognized, and the law must facilitate their conversion into marriage ”. And, still regarding this legal provision, Maria Helena Diniz (2011) states:

The Federal Constitution (art. 226, § 3), when conserving the family, founded on marriage, recognizes as a family entity the stable union, the public, continuous and lasting coexistence of a man with a woman, living or not under the same roof , without a marriage bond, established with the objective of starting a family, provided that it has conditions to be converted into marriage, as there is no legal impediment to its convolation. (CC, art. 1723, §§1º and 2º). (DINIZ, 2011, p.374).

In continuation with the changes absolved by the legal system regarding this definition, Law 8.971 / 94 (BRAZIL, 1994, online) which dealt with the succession rights to companions extended the term – companion – not only to single people, but also to those who were unaccompanied. due to legal separation, divorce or widowhood. Thus, Dias (2015) teaches that with this normative update, separated people could also constitute a stable union as long as within a five-year period or that there were children in this relationship.

A little further on, Law 9.278 / 96 (BRASIL, 1996, online) promoted changes to the aforementioned law and brought recognition of the real right of housing among partners, delegating the power of stable union to family courts. From that, Dias (2015) also recognized in his teachings that there was no longer a need for a minimum time lapse, but only that the coexistence was continuous, lasting, public and aimed at the constitution of a family nucleus.

After some time of the reflection of these laws in the formation of the concept of stable union, the Civil Code of 2002 came into force, revoking them. With this important advent, finally, in its art. 1,723 CC / 02 (BRASIL, 2002, online) brought a more solid definition: “the stable union between man and woman is recognized as a family entity, configured in public, continuous and lasting coexistence and established with the objective of constituting family”.

With a title enshrined in the family part of that Civil Code, the stable union had its concept analyzed by several authors, among them Gerard Cornu (2001), which therefore consists of the following terms:

In the connection between man and woman, marked by the absence of the celebration of marriage, but that presents the animus of maintaining a stable, durable and public communion of life, with the appearance of marriage, where the companions are attributed the duty of loyalty similarly. to the spouses’ duty of fidelity, cohabitation not being necessary to configure it. (CORNU, 2001, p. 86-87).

Thus, the formation of the concept of stable union was based on the fact that society has evolved and started to organize itself not only in the face of the solemn act of marriage, but in the most convenient way, bringing together aspects of affinity.