STJ rules on distinction between stable union and long-term dating

The Superior Tribunal de Justiça (STJ) recently issued a ruling regarding the legal distinction between a long-term relationship and a formal stable union (união estável). In a 3-2 decision, the court's Third Chamber ruled that a relationship involving a common child, shared living arrangements, and financial support did not constitute a stable union, but rather a project for a future family.

Key factors in the decision included the fact that the partner was not explicitly listed as a companion in a life insurance policy. This distinction is critical because a recognized stable union triggers specific patrimonial and inheritance rights, whereas a 'qualified dating' relationship does not.

Legal experts note that the division of assets in stable unions can involve complex issues such as financed real estate, company shares, investments, and debts. The legal characterization of the relationship determines how assets acquired during the union are partitioned upon separation or death.