By Vitor Antony Ferrari, Ivan Kubala and Nicoly Crepaldi Minchuerri*

As social customs and values evolve, it is common for people to change the way they interact with each other. In the field of relationships, this change can be easily observed by analyzing the way relationships between younger people are compared to older people. In the past, a simple romantic encounter between two people was inconceivable; today, it is very common. 

Due to these changes, the law must adapt, especially in a field such as relationships, which directly impact the civil life of the parties. That said, it is interesting to note that, in addition to the already consolidated stable union, other types of relationships have been recognized: simple dating and qualified dating. 

As for the legal term “simple dating”, this refers to a non-lasting relationship, generally open and without many commitments between the parties, it is not a long-lasting relationship and can be socially omitted. 

Qualified dating, a less common term, refers to a relationship in which, although there is continuous, solid and public cohabitation, there is no intention of forming a family. In other words, even if the parties have a public relationship for a long period of time, they do not see themselves as a family unit. Informally, this is what is simply called dating. 

As for stable unions, this is already established in our civil legislation, being expressly recognized as a way of constituting a family entity, and therefore must be public, continuous, long-lasting and established with the objective of constituting a family, even if the parties do not intend to have children. Its main requirement is the subjectivity of the animus to constitute a family, that is, even if they are not married, the parties see themselves as a family entity. 

The main difference between qualified dating and a stable union is precisely the internal element of the animus, the desire to form a new family entity, whose external characteristics can very easily be confused: both have public, long-lasting and lasting relationships.

Therefore, it is essential to correctly classify the relationship between the parties, since the difference between a qualified relationship and a stable union has several implications for civil life: with a stable union, a new family is created, with a share of assets in the event of the couple's separation, inheritance in the event of death, the possibility of claiming alimony, among other important implications for civil life. A qualified relationship, in turn, does not constitute a family bond, so its termination does not generate obligations between the parties, who simply disassociate themselves. 

Therefore, it is essential that the relationship be properly established between the parties, and it is very common nowadays to enter into dating contracts, so that in the future there are no problems caused by the confusion created by the fine line that separates a stable union from a qualified relationship. Furthermore, there are cases in which it is necessary to prove the relationship regime adopted, and the work of professionals with expertise in the area is essential.

(with the collaboration of Luís Felipe Meira M. Simão)