CONTRATOS DE NAMORO: ENTRE A DECLARAÇÃO DE VONTADE E A REALIDADE FÁTICA

Abstract

This article examines the validity,limits, and evidentiary effectiveness of dating contracts in Brazilian law, considering the social and technological transformations that affect contemporary relationships. It distinguishes ordinary dating, qualified dating, and stable union in light of Article 1.723 of the Civil Code and Article 226, §3, of the Federal Constitution, as well as the principle of the primacy of factual reality in family relations. The research adopts a qualitative, deductive, and exploratory approach, grounded in legal scholarship, legislative analysis, and precedents from the Superior Court of Justice and state courts. It also assesses the role of electronic signatures and digital evidence based on Provisional Measure No. 2.200 2/2001 and CNJ Provimento No. 100/2020 in contractual formalization and prevention of patrimonial disputes. The study concludes that the dating contract is legally valid and useful as a declaratory and evidentiary instrument, provided it complies with the principles of good faith and the social function of contracts, while not preventing judicial ecognition of a stable union when its factual elements are present. Its proper use should reflect transparency and consistency with the couple’s lived reality, fostering legal certainty and risk management in contemporary affective relations. Keywords: dating contract; primacy of reality; stable union.