Contratualização das relações no âmbito matrimonial: análise da autonomia privada nos contratos paraconjugais

Abstract

The present work addresses private autonomy in paraconjugal contracts, focusing on the legal feasibility and the limits of contractual freedom within the matrimonial sphere. Thus, the general objective is to examine the possibility of including sanctioning clauses in contracts aimed at the private domain, and the specific objectives include analyzing the legal foundations that allow the stipulation of penalties for non-compliance with the principles of conjugality. Furthermore, the methodology employed consists of a qualitative approach based on bibliographic research and document analysis. Scientific articles, legislation, and case law were used to support the discussion on the contractualization of matrimonial relationships, exploring the topic from historical, legal, and social perspectives. It is concluded that the inclusion of punitive conditions in marriage is feasible under the lens of Brazilian law, reflecting a growing desire for greater private autonomy. However, the application of this practice faces significant challenges, particularly regarding its impact on family dynamics. It is essential that it be implemented in a balanced manner, respecting the principles of equity and justice, to ensure that it does not become a tool for disrespecting fundamental values and the rights of spouses.