Cumprimento no Brasil das sentenças eclesiásticas referentes a casamento religioso católico

Abstract

The paper proposes to address the problem of homologation and effectiveness of ecclesiastical decisions in matrimonial matters, due to the Brazil-Holy See Agreement signed in 2008 and promulgated in 2010. Thus, the questions are about the usefulness of approving the ecclesiastical sentences of matrimonial nullity, on the legal effects deriving from the nullity of religious marriage, on which jurisdiction should prevail, the ecclesiastical or the Brazilian in matrimonial matters and whether civil effects can be had in the Brazilian territory. In this context, in order to find answers to these questions, the study will comply with the requirements contained in the Brazil-Holy See Agreement, in the Brazilian legal system (Family Law, Civil and Civil Procedural Law) and in the canonical legal order. In order to better understand the questions, doctrinal and jurisprudential research will be carried out on the homologation of foreign (ecclesiastical) judgments that deal with the nullity of religious marriage. The study of the thematic has practical applicability and will help solve many daily problems in the area of Family, Civil and Civil Procedural Law, especially with regard to the legal effects arising from the nullity of religious marriage and the civil effects resulting from the homologation of sentences ecclesiastics in Brazil.