Arthur and the eight wives: what does the Brazilian law on polygamy say?

The Brazilian model is adept at polyamory and lives with eight wives. The lawyer explains what the rights of women are in case of separation

This week, Brazilian model Arthur Magalhães made headlines when the wall of his new home was spray painted with insults to his family, in an attempt to expel the new residents from the João Pessoa (PB) neighborhood. All because he, known as Arthur the Bear in social networks, shares the routine with eight wives in a “free love” relationship as you define it.

But some questions remain in the air: what does the Brazilian legislation on polygamy say? It is allowed? Do wives have the right to share ownership in the event of a separation? And in the event of death … is there an inheritance for everyone?

The answer to all these questions is, unfortunately, daunting for fans of the sport. According to the lawyer Saulo Daniel Lopes, who works in the field of family law, it is not possible to legally marry more than one person in Brazil. “Marriage on paper with several people is a crime”, completes the lawyer.

It is in the law, in article 235 of Penal Code. The punishment for bigamis varies from two to six years in prison. And the person who gets married, knowing the conditions, can also be arrested.

However, it is currently possible to have more than one registered stable union, but recent decisions by the Supreme Court of Justice (STJ) indicate that it will have no practical effect, that is: it does not form any real connection with the subjects involved.

And the rights?

If the law does not allow it, the union is not recognized by the state. According to Lopes, she is called the “third person” in the relationship (or whoever comes after the first couple is formed). concubinage and he has no rights in that union, much like the way the judiciary views extramarital affairs.

This applies to the sharing of assets in the event of separation, the inheritance in the event of death and also for the tax return, for example.

Who gets along well, in this case, is the one who arrived first. “Only the first relationship should be recognized, and the others should be classified as concubinage, even if consented by the first partner,” she explains.

No forecast of change

Unfortunately, there is not even a forecast of change. In fact, the path we are taking is the opposite. The draft law 4302/2016, currently being drawn up in the Chamber, aims to further restrict multi-affective relationships. If approved, polyaffective unions will effectively be prohibited and notaries will not be able to accept the deeds of such unions.

“I do not see any prospects for rapid change. From the legislative point of view we have increasingly strong religious groups, which apologize for the prohibition of recognition of this family constitution”, explains the lawyer, who disagrees with this position.

According to him, the position of the Judiciary and the Legislator on the matter denies the reality. “They relegate situations that happen all the time to invisibility. There is an old saying that ‘if the Law ignores reality, reality will tend to ignore the Law’,” he quotes.

Source: Terra

Camila

Camila Luna is a writer at Gossipify, where she covers the latest movies and television series. With a passion for all things entertainment, Camila brings her unique perspective to her writing and offers readers an inside look at the industry. Camila is a graduate from the University of California, Los Angeles (UCLA) with a degree in English and is also a avid movie watcher.