The influence of canon law on the criminalization of bigamy: reflections on the legal protection of Brazilian polygamous families

Abstract

This article aims to analyze the incompatibility of maintaining the criminalization of bigamy within the Brazilian legal system, as provided in Article 235 of the Penal Code, in light of the social transformations that have given rise to new family structures based on polyaffectivity. To this end, the deductive method is adopted, through the analysis of scientific articles, specialized legal literature, and recent decisions of the higher courts, in order to examine the influence of Canon Law on the development of Brazilian family protection norms. It demonstrates that such criminal provision was founded on moral and religious principles, derived from a monogamous and patriarchal conception, which are incompatible with the constitutional values of human dignity, freedom, equality, and affectivity. The study further seeks to highlight the civil and social impacts of the criminalization of bigamy on polygamous families, particularly regarding the lack of legal recognition, succession insecurity, and the restriction of access to fundamental rights. The relevance of the topic lies in the need to rethink the legal protection of contemporary family configurations, ensuring the safeguarding of diverse affective relationships and promoting coherence among Criminal Law, Civil Law, and the Federal Constitution. Thus, this article contributes to the contemporary debate on normative adequacy and the effectiveness of state protection for the multiple forms of family constitution.