Divórcio impositivo: seus desdobramentos perante o ordenamento jurídico brasileiro

Abstract

This paper addresses the topic of Impositive Divorce, also known as Unilateral Divorce, as a legal mechanism proposed and introduced through Provisions No. 06/2019 by the General Council of Justice of the State of Pernambuco and No. 25/2019 by the General Internal Affairs Office of the State of Maranhão, which were later revoked by the National Council of Justice (CNJ) for exceeding the limits of their authority. This mechanism aimed to facilitate the extrajudicial dissolution of marriage through a direct request for divorce registration at the Civil Registry Office, requiring only a notification from one spouse to the other. It was based on the potestative right not to remain married, as established by Constitutional Amendment No. 66/2010. The general objective of this study is to verify the applicability of this form of divorce within the Brazilian legal system, based on an in-depth analysis of historical, legal, and constitutional aspects, as well as the practical functioning of the mechanism. The approach leans toward a critical perspective, given that, although it is justified by the goals of reducing bureaucracy and easing the burden on the judiciary in family matters, the impositive divorce may cause serious harm to the unsuspecting spouse—especially in cases involving emotional imbalance, economic dependence, or lack of knowledge regarding patrimonial and support rights. Finally, the research is based on a methodology of bibliographic, documentary, and jurisprudential review