A concessão antecipada do divórcio no Código de Processo Civil de 2015

Abstract

The present research analyzes divorce, a measure capable of dissolving the marital bond of living people. The institute has been the subject of constant social and legal developments, and is currently recognized as a mandatory right. In this sense, the work aims to identify which modality of judicial provision that grants divorce in advance. To do so, it uses content analysis and critical literature review as methodological strategies. As a result, it was found that the decision that granted the divorce at this procedural moment cannot be an urgent or evidentiary relief, given the provisional nature of these measures. Thus, as the legislation determines that only the final divorce sentence can be registered, it is concluded that the early dissolution of a valid marriage takes place by partial anticipation of the merits, provided for in article 356 of the Brazilian Civil Procedure Code.