Constitutional Amendment No. 66/2010 and the elimination of divorce waiting periods

positive and negative points

Abstract

This is a study about Constitutional Amendment No. 66/2010, which eliminated waiting periods for divorce, pointing out the positive and negative aspects of removing this time lapse. Regarding the positive aspects, there is the fact that society is guided by a set of principles that list the autonomy of the parties' will and minimal state intervention in private life as pillars of the rule of law. These principles contrast with the past scenario where the state required a specific waiting period for couples to seek the dissolution of their marital bond, forcing them to maintain a failed marriage for years. On the other hand, there is concern that the facilitation of divorce through Constitutional Amendment No. 66/2010... Amendment 66/2010 has led to an increase in impulsive separations, causing spouses to neglect seeking solutions to their personal problems and marital crises, creating a repetitive cycle of marriages and divorces. Given this situation, it became necessary to study the historical evolution of divorce and how this institution is applied in the legal systems of other countries, since it is known that the content of Constitutional Amendment No. 66 was inspired by foreign legislation. The method used was inductive, analytical-descriptive, through bibliographic research techniques.