The blurred jurisprudential boundaries between qualified dating relationships and de facto unions

Abstract

This study aims to analyze the legal boundaries between qualified dating relationships and de facto unions, with a focus on recent case law from the Superior Court of Justice (STJ) and the Court of Justice of the Federal District and Territories (TJDFT). The research seeks to understand the criteria adopted by the courts to distinguish these legal institutions and their respective patrimonial and procedural implications. A qualitative methodology was employed, based on an analysis of judicial decisions issued between 2023 and 2025, complemented by a doctrinal literature review. The selected rulings were examined in terms of their legal reasoning and the evidentiary elements considered by the courts. The findings show that the intent to form a family unit (animus familiae) is the core criterion for recognizing a de facto union, and that factors such as cohabitation or the duration of the relationship are insufficient by themselves. It was also observed that the absence of full integration of lives and concrete proof of a shared family project characterizes a qualified dating relationship, which does not produce the typical patrimonial effects associated with family law.

As a practical contribution, the study highlights the importance of robust evidence of the intent to establish a family and suggests the use of dating contracts as a tool to prevent legal disputes.