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Universidade Autónoma de Lisboa

e-ISSN: 1647-7251

VOL. 17, Nº. 1

May 2026

215

POLYAMORY: LEGAL REFLECTIONS ON PUBLIC POLICIES DUE TO THE

PREVENTION OF FORMALIZATION OF MORALLY STIGMATIZED

RELATIONSHIPS BY THE NATIONAL COUNCIL OF JUSTICE

EDNA RAQUEL HOGEMANN

edna.r.hogemann@unirio.br

Doctor in Law, with Post-Doctorate in Human Rights. Ex-Dean of the Center for Legal Sciences,

Federal University of the State of Rio de Janeiro, Permanent Professor of the Postgraduate Course

in Law (Master's), coordinator of the Research Group of Human Rights and Social Transformation

(CNPq/Brazil), member of the Law & Society Association and of the International Alliance of

Jurists and Economists (France). Email: edna.r.hogemann@unirio.br.

http://orcid.org/0000-0003-3276-4526

THIAGO DE SOUZA SERRANO

thiago.pinheiro@proj.fgv.br

Doctor in Law, with post-Doctorate in Public Policies and Humana Rights at Federal University of

the State of Rio de Janeiro. Researcher on the Research Group of Human Rights and Social

Transformation (CNPq/Brazil) https://orcid.org/0000-0002-8159-8918

Abstract

This article explores the legal and social implications of polyamorous relationships in the

context of Brazilian public policies, particularly focusing on the National Council of Justice's

(CNJ) role in preventing the formalization of morally stigmatized relationships. Polyamory,

defined as the practice of engaging in multiple romantic relationships with the consent of all

parties involved, challenges traditional notions of family and marriage. This study examines

the legal barriers faced by polyamorous individuals, the moral stigmas associated with such

relationships, and the potential need for legal reforms to ensure inclusiveness and protection

for all forms of consensual relationships. The analysis is supported by a review of existing

literature, legal precedents, and sociological studies, offering a comprehensive reflection on

the intersection of law, morality, and public policy.

Keywords

Polyamory, National Council of Justice, Public Policies, Legal Formalization, Moral Stigma.

Resumo

Este artigo explora as implicações jurídicas e sociais das relações poliamorosas no contexto

das políticas públicas brasileiras, com especial destaque para o papel do Conselho Nacional

de Justiça (CNJ) na prevenção da formalização de relações moralmente estigmatizadas. O

poliamor, definido como a prática de manter múltiplas relações românticas com o

consentimento de todas as partes envolvidas, desafia as noções tradicionais de família e

casamento. Este estudo examina as barreiras jurídicas enfrentadas por indivíduos

poliamorosos, os estigmas morais associados a tais relações e a potencial necessidade de

reformas jurídicas para garantir a inclusão e a proteção de todas as formas de relações

consensuais. A análise é apoiada por uma revisão da literatura existente, precedentes

jurídicos e estudos sociológicos, oferecendo uma reflexão abrangente sobre a interseção entre

direito, moralidade e políticas públicas.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 17, Nº. 1

May 2026, pp. 215-229

Polyamory: Legal Reflections on Public Policies due to the Prevention of Formalization of

Morally Stigmatized Relationships by the National Council of Justice

Edna Raquel Hogemann, Thiago De Souza Serrano

216

Palavras-chave

Poliamor, Conselho Nacional de Justiça, Políticas Públicas, Formalização Legal, Estigma Moral.

How to cite this article

Hogemann, Edna Raquel & Serrano, Thiago De Souza (2026). Polyamory: Legal Reflections on

Public Policies due to the Prevention of Formalization of Morally Stigmatized Relationships by the

National Council of Justice. Janus.net, e-journal of international relations, VOL. 17, Nº. 1, May

2026, pp. 215-229. https://doi.org/10.26619/1647-7251.17.1.11

Article submitted on 3 February 2025 and accepted on 27 February 2026.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 17, Nº. 1

May 2026, pp. 215-229

Polyamory: Legal Reflections on Public Policies due to the Prevention of Formalization of

Morally Stigmatized Relationships by the National Council of Justice

Edna Raquel Hogemann, Thiago De Souza Serrano

217

POLYAMORY: LEGAL REFLECTIONS ON PUBLIC POLICIES DUE TO

THE PREVENTION OF FORMALIZATION OF MORALLY

STIGMATIZED RELATIONSHIPS BY THE NATIONAL COUNCIL

OF JUSTICE

EDNA RAQUEL HOGEMANN

THIAGO DE SOUZA SERRANO

Introduction

In contemporary society, family structures and romantic relationships are evolving

beyond traditional norms, with new forms of love and connection emerging. Among these

evolving relationship dynamics is polyamory, a consensual, ethical, and responsible

practice of engaging in multiple romantic and/or sexual relationships simultaneously.

Despite its increasing visibility and acceptance in certain social circles, polyamory

remains largely unrecognized and unsupported by legal systems in many countries,

including Brazil. This exclusion is heavily influenced by moral stigma, rooted in deep-

seated societal norms and religious values, which often prioritize monogamy as the only

legitimate form of intimate relationship. As a result, individuals in polyamorous

relationships face significant legal barriers, from lack of recognition in family law to being

denied access to key legal protections typically afforded to monogamous unions.

This article seeks to explore the legal implications of polyamory within the Brazilian

context, focusing on the role of public policies in shaping the recognition of such

relationships. The central question is whether the National Justice Council (CNJ), as an

influential body in shaping judicial policies in Brazil, can lead the way in the recognition

and protection of polyamorous unions. To address this issue, the article is organized into

several sections. First, it attempts to develop a theoretical understanding of love, drawing

upon various philosophical, sociological, and psychological perspectives. By

understanding the concept of love in its multifaceted forms, including romantic love,

familial love, and platonic love, the article aims to broaden the discussion about what

constitutes legitimate and meaningful human relationships. This theoretical framework

sets the stage for a more nuanced analysis of polyamory and its place within the larger

context of family law.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 17, Nº. 1

May 2026, pp. 215-229

Polyamory: Legal Reflections on Public Policies due to the Prevention of Formalization of

Morally Stigmatized Relationships by the National Council of Justice

Edna Raquel Hogemann, Thiago De Souza Serrano

218

The second section delves into the legal landscape of polyamory in Brazil. Despite the

country's progressive legal reforms in many areas of family law, such as the recognition

of same-sex marriage, polyamory remains largely invisible in the legal system. Brazil's

civil code and family law frameworks are predominantly designed around monogamous

relationships, with little to no consideration given to the needs or rights of polyamorous

individuals. The absence of legal recognition means that polyamorous families are

excluded from fundamental rights, such as inheritance rights, healthcare decision-

making, and access to joint benefits. As a result, polyamorous individuals often face the

legal and social consequences of being treated as though their relationships do not exist

or are less valid than traditional family units.

Moral stigma plays a significant role in shaping the legal and social exclusion of

polyamory. In the third section of this article, the focus shifts to the moral stigma

associated with non-monogamous relationships. The moral judgment of polyamory often

stems from deeply ingrained religious and cultural values that promote the idea of

monogamy as the only "moral" or "correct" relationship structure. These values are

reinforced through various societal institutions, including education, media, and religious

organizations. As a result, polyamorous individuals frequently experience social

marginalization, discrimination, and even legal repercussions due to their relationship

choices. The stigma surrounding polyamory not only affects the personal lives of those

involved but also influences the public policies and laws that govern their lives.

The fourth section of the article addresses the pressing need for legal reforms to address

the rights and needs of polyamorous individuals. Legal systems that continue to uphold

the primacy of monogamy fail to reflect the diversity of modern family structures and the

realities of contemporary relationships. The absence of legal recognition for polyamorous

unions perpetuates inequality, denying individuals in these relationships access to the

same protections afforded to monogamous families. Legal reforms should include the

recognition of polyamorous unions, the extension of legal protection to all individuals

involved, and the development of public policies that promote inclusivity, fairness, and

equality.

Finally, the article explores the role of the CNJ in advancing these legal reforms. As a key

body within Brazil's judiciary, the CNJ holds significant power to influence the

development of family law and public policy. By issuing resolutions that acknowledge and

protect polyamorous relationships, the CNJ can lead the way in ensuring that

polyamorous individuals are afforded the same legal rights and protections as those in

monogamous unions. The CNJ's potential to shape judicial policy presents an opportunity

for progress in the ongoing struggle for recognition and equality for polyamorous families.

In conclusion, the legal exclusion of polyamorous relationships in Brazil, compounded by

moral stigma, reflects outdated norms and values that do not fully accommodate the

diversity of human relationships. By advocating for legal reforms and the recognition of

polyamory, this article calls for a shift towards more inclusive public policies that respect

and protect all family structures, regardless of their form. The CNJ's leadership in this

area could be pivotal in ensuring that polyamorous individuals and families are recognized

and supported within the legal system, promoting equality and social inclusion for all.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 17, Nº. 1

May 2026, pp. 215-229

Polyamory: Legal Reflections on Public Policies due to the Prevention of Formalization of

Morally Stigmatized Relationships by the National Council of Justice

Edna Raquel Hogemann, Thiago De Souza Serrano

219

An attempt at a theoretical understanding of love

Defining love is a challenging task. However, it is certainly not the role of the law to

define, conceptualize, or outline its contours. The law is merely a normative framework

designed to protect consensual romantic relationships between competent adults. Its role

is to regulate the patrimonial effects in matters such as inheritance, divorce, alimony,

business, legal proceedings, and filiation, but not to determine the gender or number of

individuals involved in each relationship. Its task is limited to recognition.

In an attempt at a theoretical apprehension of love, some theoretical references will be

compiled and presented below.

From sexual desire, love is born—a desire that arises spontaneously in human beings,

without limits, rules, knowledge, or direction, urging to be fully expressed. Love is

openness to others, stemming from a desire without a specific recipient.

According to Foucault (2017), morality has interdicted desire and, consequently,

restricted the freedom to exercise love. It has dictated the correct way to use pleasures,

removing them from the realm of desire and placing them within the realm of culture,

creating an artificiality in their practice, which served only the interests of capital: bodies

useful for labor and consumption.

Through the appropriation of desire by morality, erotic love was framed: sex for

procreative purposes and love arising in the relationship between man and woman, as

the only biologically capable of producing offspring. In this sense, all other forms of sexual

desire were interdicted and delegitimized, as evidenced in the decision of the National

Council of Justice, which prohibited Brazilian notaries from registering polyamorous

marriages.

For Foucault, in the constitution of the ethical subject, knowledge about one's desire was

not considered, constituting one of the ailments of reason: its limitation, as evidenced in

Antiquity and Christianity through the concept of sexual temperance. On the other hand,

nature intended that the act of sex be associated with pleasure, guided by desire. This

desire arises from lack, that is, it emerges from longing for what is missing in a person,

for if nothing is lacking, desire cannot exist.

According to Greek philosophy, it is in the realm of sexuality that humans reconcile their

animal instincts with the rationality bestowed upon them by the gods, an interaction that

reflects in psychology, society, law, and other sciences. In all species, sex is restricted

to procreation, which should not apply to beings endowed with intelligence, who use it

as a source of pleasure and elevation.

In the Freudian conception, for biology, the existence of sexual needs in human beings

is expressed in the assumption of a sexual instinct, much like in animals, through libido.

On the other hand, popular opinion (common sense) holds well-defined ideas about the

nature and characteristics of this sexual instinct, believing it to be absent in childhood

and emerging during puberty with the maturation of the body, manifesting as the

irresistible attraction one sex exerts over the other. According to Freud (2016): “But we

have reasons to regard these notions as a misleading picture of reality; upon closer

examination, they prove to be full of errors, inaccuracies, and hasty conclusions.”

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e-ISSN: 1647-7251

VOL. 17, Nº. 1

May 2026, pp. 215-229

Polyamory: Legal Reflections on Public Policies due to the Prevention of Formalization of

Morally Stigmatized Relationships by the National Council of Justice

Edna Raquel Hogemann, Thiago De Souza Serrano

220

The sexual object is the person from whom sexual attraction emanates, and the sexual

aim is the action toward which the instinct drives. Freud (2016) identifies several

deviations concerning both the object and the aim, as well as the relationship between

them and the supposed norm.

Moreover, there are relationships in which the object of desire is not limited to just one

person but extends to two or more. What this research project advocates is desire and

consent, and it does not endorse unions of one man with multiple submissive women as

a result of machismo and patriarchy.

It can be preliminarily concluded that the "overarching principle" of human dignity, in its

dimension of safeguarding happiness and personal fulfillment based on individuals' own

existential configurations, requires the legal system to recognize ways of exercising love

that differ from traditional conceptions. In this line of thought, the individual cannot be

reduced to a mere instrument for fulfilling the will of those in power. Therefore, the right

to pursue happiness protects human beings against attempts by the State to fit their

romantic desires into pre-conceived models established by legislation.

The Legal Landscape of Polyamory in Brazil

Polyamory, as a form of consensual non-monogamy, is not explicitly addressed in

Brazilian legislation. The country's legal system is primarily designed to accommodate

monogamous relationships, with marriage and stable unions recognized under the Civil

Code. This lack of legal recognition creates significant challenges for polyamorous

individuals, particularly in areas such as inheritance, child custody, and healthcare

decisions. The CNJ, as the body responsible for overseeing the judiciary and ensuring the

efficiency of judicial services, has the authority to issue resolutions that influence the

formalization of relationships. However, its resolutions have historically favored

traditional family structures, often marginalizing alternative forms of relationships.

Chart 1. Table of Statistics on the Acceptance of Polyamory in Brazil

Category

Acceptance

Percentage

Observations

Young People (18-30

years)

45%

Greater openness to non-traditional

relationships.

Adults (31-50 years)

30%

Moderate acceptance, influenced by

traditional values.

Elderly (over 50 years)

15%

Low acceptance due to conservative values.

LGBTQIA+ Population

60%

Greater acceptance due to experience with

diversity.

General Population

35%

National average, with regional variations

Source: Data collected from Johnson (2018)

The statistics reveal varying levels of acceptance of polyamory across different

demographic groups in Brazil. Here's a breakdown of the key findings:

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VOL. 17, Nº. 1

May 2026, pp. 215-229

Polyamory: Legal Reflections on Public Policies due to the Prevention of Formalization of

Morally Stigmatized Relationships by the National Council of Justice

Edna Raquel Hogemann, Thiago De Souza Serrano

221

− Young People (18-30 years): This group shows the highest acceptance rate

at 45%. The greater openness to non-traditional relationships among young

people can be attributed to their exposure to diverse perspectives and

evolving social norms.

− Adults (31-50 years): Acceptance drops to 30% in this age group. This

moderate acceptance is influenced by traditional values that are more

prevalent among adults.

− Elderly (over 50 years): The acceptance rate is the lowest among the elderly,

at 15%. This low acceptance is due to conservative values that are deeply

ingrained in this demographic.

− LGBTQIA+ Population: This group has the highest acceptance rate at 60%.

The greater acceptance can be linked to their experience with diversity and

non-traditional relationship structures.

− General Population: The national average acceptance rate is 35%, with

regional variations. This indicates a mixed level of acceptance across the

country.

These results highlight the influence of age, traditional values, and exposure to diversity

on the acceptance of polyamory in Brazil. The higher acceptance among younger people

and the LGBTQIA+ population suggests a shift towards more inclusive attitudes, while

the lower acceptance among adults and the elderly reflects the persistence of traditional

values.

Constitutional and Civil Law Reflections on Polyamory: Equality, Legal

Certainty, and Institutional Competence in Brazilian Public Policies

A proper legal analysis of polyamory within the Brazilian context necessarily requires a

shift from a merely descriptive or sociological approach to a structured constitutional and

civil law framework. But when we talk about law reflections such reflections must engage

with core juridical categories, including equality, legal certainty, family law protections,

and institutional competence. These elements are indispensable to assess whether the

current resistance to the formalization of polyamorous relationships—particularly through

administrative acts affecting notarial practice—can be justified within the Brazilian

constitutional order.

From a constitutional perspective, polyamory raises fundamental questions related to the

principle of equality (art. 5º of the Federal Constitution) and the prohibition of

discrimination based on personal choices in affective and family arrangements. The

Brazilian Constitution adopts an open and pluralistic concept of family, historically

expanded through judicial interpretation to include stable unions and same-sex

relationships. In this sense, excluding polyamorous unions from legal recognition may

represent a form of indirect discrimination, especially when grounded in moral stigma

rather than objective legal criteria. Therefore, the debate should not be reduced to moral

acceptability but must be framed in terms of equal protection of diverse family entities.

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VOL. 17, Nº. 1

May 2026, pp. 215-229

Polyamory: Legal Reflections on Public Policies due to the Prevention of Formalization of

Morally Stigmatized Relationships by the National Council of Justice

Edna Raquel Hogemann, Thiago De Souza Serrano

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From a civil law standpoint, the absence of legal recognition for polyamorous

relationships generates significant legal insecurity. Issues such as inheritance rights,

social security benefits, property regimes, and contractual autonomy remain unresolved.

The Brazilian Civil Code operates on a monogamous paradigm, which creates structural

barriers to recognizing multi-partner unions. However, the increasing social visibility of

such relationships suggests the need for legal mechanisms capable of addressing plural

affective arrangements, whether through legislative reform or interpretative evolution.

Legal certainty, as a foundational principle, requires that individuals have predictable

legal consequences for their private relationships, something currently denied to

polyamorous families.

In this context, the role attributed to the National Council of Justice (CNJ) must be

carefully reconsidered. The CNJ is constitutionally defined as an organ of the Judiciary

responsible for administrative and financial oversight, as well as the control of judicial

conduct and efficiency, rather than a primary policymaking institution. Its mission is to

improve the functioning of the Judiciary, ensuring transparency and administrative

accountability, not to legislate or establish broad public policies concerning family law.

(CNJ, 2026)

Although the CNJ has demonstrated normative capacity in specific contexts—such as

issuing resolutions that standardize judicial or notarial practices, its actions are limited

to the scope of judicial administration and cannot replace the legislative function. (CNJ,

2019) Therefore, attributing to the CNJ a “crucial role in the formulation of public policies”

concerning the recognition of polyamorous relationships lacks constitutional grounding.

Public policy formulation in Brazil is structurally distributed among the Executive and

Legislative branches, with the Judiciary playing a reactive and interpretative role, rather

than a proactive normative one.

This institutional misplacement weakens the analytical coherence of the argument. If the

prevention of formalization of polyamorous unions is being challenged, the appropriate

focus should be on legislative inertia, constitutional interpretation, and judicial

precedents, rather than on the CNJ as a central policymaker. The CNJ may influence

procedural or administrative aspects—such as regulating notarial conduct—but it does

not possess the democratic legitimacy or constitutional competence to redefine family

law structures.

In due course, a consistent legal reflection on polyamory must integrate: a) constitutional

principles of equality and dignity; b) civil law concerns regarding legal certainty and

patrimonial effects; and c) a precise understanding of institutional roles within the

Brazilian separation of powers. Only by articulating these dimensions can the debate

move beyond moral stigmatization and toward a coherent legal framework capable of

addressing contemporary forms of affective life.

Moral Stigma and Its Impact on Public Policies

The moral stigma surrounding polyamory is deeply entrenched in societal norms and

religious values, which often emphasize monogamy as the ideal relationship structure.

These traditional values have shaped public perceptions, leading to a general disregard

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VOL. 17, Nº. 1

May 2026, pp. 215-229

Polyamory: Legal Reflections on Public Policies due to the Prevention of Formalization of

Morally Stigmatized Relationships by the National Council of Justice

Edna Raquel Hogemann, Thiago De Souza Serrano

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for polyamorous relationships. This societal bias is evident in public policies, where

monogamous unions are prioritized, and polyamorous partnerships are frequently

excluded from legal recognition and protection. As a result, individuals in polyamorous

relationships often face legal and social marginalization. The lack of legal recognition can

prevent polyamorous families from accessing important rights such as inheritance,

healthcare decision-making, and child custody arrangements, all of which are typically

granted to monogamous unions. Furthermore, the exclusion of polyamory from public

policy perpetuates the idea that such relationships are invalid or inferior. This creates

significant barriers for individuals who wish to have their relationships legally

acknowledged and protected. Overcoming this moral stigma requires challenging

traditional norms and advocating for inclusive policies that recognize the diverse forms

of relationships present in contemporary society. Legal recognition of polyamorous

unions would not only affirm the rights of individuals in these relationships but also

contribute to broader efforts to promote equality and reduce discrimination based on

relationship structures.

Infographic 1. Comparative Diagram of Monogamous and Polyamorous Relationships

Source: Own elaboration, based on Smith (2015).

The infographic effectively presents a comparative analysis of monogamous and

polyamorous relationships using a clear and structured Venn diagram. Here are some

key points of evaluation: The information intends to make it easy to distinguish between

monogamous and polyamorous relationships while also highlighting common aspects.

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Polyamory: Legal Reflections on Public Policies due to the Prevention of Formalization of

Morally Stigmatized Relationships by the National Council of Justice

Edna Raquel Hogemann, Thiago De Souza Serrano

224

Each category presents key legal, social, and structural characteristics without excessive

detail, ensuring accessibility for different audiences. The infographic maintains an

objective tone, focusing on legal recognition, societal acceptance, and challenges rather

than personal or moral perspectives. A brief reading of the infographic reveals that:

Monogamous Relationships:

• One romantic partnership.

• Legal recognition in Brazil (marriage and stable union).

• Legal benefits: inheritance, pension, medical decisions, child custody.

• Traditionally accepted structure by society and the National Council of Justice

(CNJ).

Polyamorous Relationships:

• Multiple romantic partnerships with consent.

• No legal recognition in Brazil.

Challenges:

• Lack of legal protection, social stigma, exclusion from benefits.

• Need for reforms for inclusion and legal protection.

Intersection:

• Both involve consensual and emotional relationships.

• Both can include children and complex family structures.

• Both require trust and communication among those involved.

•

The CNJ's resolutions, while aimed at promoting justice and equality, often inadvertently

reinforce these stigmas by failing to address the needs of polyamorous individuals. This

exclusion not only perpetuates discrimination but also denies polyamorous individuals

access to legal protections and benefits that are available to monogamous couples.

It is important to remark that legal status of polyamorous relationships varies

significantly across jurisdictions, reflecting different cultural, religious, and legal

traditions. While most legal systems do not formally recognize polyamorous unions, some

countries and regions have taken steps toward granting certain legal protections.

Canada: In 2011, a Canadian court ruled that polyamory is legal as long as it does not

involve polygamous marriage, which remains prohibited. Some polyamorous families

have successfully obtained legal recognition for parental rights and cohabitation

agreements.

United States: While no federal recognition exists, some local governments have granted

legal protections. For instance, in cities like Somerville and Cambridge (Massachusetts),

domestic partnership laws have been expanded to include polyamorous relationships,

allowing multiple partners to access legal benefits such as health insurance and hospital

visitation rights.

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Polyamory: Legal Reflections on Public Policies due to the Prevention of Formalization of

Morally Stigmatized Relationships by the National Council of Justice

Edna Raquel Hogemann, Thiago De Souza Serrano

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Colombia: In 2017, Colombia legally recognized a "trieja" (a three-person romantic

partnership) for inheritance and social security purposes, marking a rare instance of

official recognition of polyamorous unions.

The Netherlands: There is no official recognition of polyamorous relationships, but the

legal framework allows for cohabitation agreements and multiple-parent recognition in

some cases, particularly for child-rearing.

Globally, the legal landscape for polyamorous relationships is evolving, with some

jurisdictions offering partial recognition through domestic partnerships or parental rights.

These developments highlight the need for further legal discussions on family diversity

and the protection of individuals in non-traditional relationships.

The Need for Legal Reforms

The increasing recognition of diverse family structures calls for urgent legal reforms that

address the rights and needs of polyamorous individuals. Polyamory, as a relational

model, involves consensual romantic and/or sexual relationships among multiple

partners and has gained more visibility in recent years (Conley, Moors, Matsick, & Ziegler,

2013). Despite this growing visibility, polyamorous individuals often face legal and social

challenges, particularly when it comes to recognition of their unions, access to family-

related legal protections, and the implementation of public policies that safeguard their

rights (Mitchell, Bartholomew, & Cobb, 2014).

One area where legal reform is crucial is the formal recognition of polyamorous unions.

While monogamous marriages are granted legal status in many jurisdictions,

polyamorous relationships typically lack such recognition, which can leave individuals in

these unions without access to important legal protections, such as inheritance rights,

healthcare decisions, and child custody arrangements (Green, 2021). Extending legal

recognition to polyamorous relationships would ensure that individuals in these unions

are afforded the same rights as those in monogamous relationships, helping to reduce

legal and social inequality.

In addition to legal recognition, it is vital to extend legal protection to all individuals

involved in polyamorous relationships. These protections should address issues such as

domestic violence, property rights, and access to spousal benefits, which are often denied

to polyamorous individuals due to the lack of legal recognition. Recent studies have

indicated that the absence of legal protections for polyamorous individuals may

contribute to discrimination and hardship for these groups, further exacerbating their

marginalization (Barker & Langdridge, 2010). By including polyamorous relationships in

legal frameworks, policymakers can promote equity and fairness within family law

systems.

Furthermore, public policies that foster inclusiveness and equality are essential for the

protection of polyamorous families. These policies should reflect the reality that family

structures are increasingly diverse and that non-monogamous relationships deserve the

same legal consideration and protection as traditional family units. The promotion of

polyamory-friendly policies at the societal level would contribute to the normalization and

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e-ISSN: 1647-7251

VOL. 17, Nº. 1

May 2026, pp. 215-229

Polyamory: Legal Reflections on Public Policies due to the Prevention of Formalization of

Morally Stigmatized Relationships by the National Council of Justice

Edna Raquel Hogemann, Thiago De Souza Serrano

226

acceptance of these relationships, leading to a reduction in stigma and an increase in

social acceptance.

The National Justice Council (CNJ), as a significant body influencing judicial policies in

Brazil, has a key role to play in advancing these reforms. The CNJ has the authority to

issue resolutions that shape the judicial treatment of family matters. By issuing

resolutions that acknowledge and protect polyamorous relationships, the CNJ could

catalyze a shift towards greater legal recognition and protection for polyamorous

individuals and their families. This would be a significant step in aligning Brazilian family

law with the principles of equality and non-discrimination, ensuring that all families,

regardless of their structure, are afforded the rights and protections they deserve.

Public Policies and Polyamory: Addressing the Gap in Legal Recognition

and Social Inclusion

The title of this essay highlights a critical issue at the intersection of law, morality, and

public policy. It underscores the challenges faced by polyamorous relationships in gaining

legal recognition and social acceptance, particularly in the context of public policies

shaped by institutions like Brazil's National Council of Justice (CNJ). This topic invites a

deeper exploration of how public policies can either perpetuate exclusion or foster

inclusivity for non-traditional relationships.

Public policies are instrumental in shaping societal norms and values. They reflect the

priorities of a government and its institutions, often reinforcing dominant cultural and

moral frameworks. In the case of polyamory, public policies have largely ignored or

actively prevented the formalization of such relationships, reflecting a broader societal

stigma against non-monogamous partnerships. The CNJ, as a regulatory body overseeing

the judiciary, plays a pivotal role in this process by issuing resolutions that influence the

legal recognition of relationships. However, its policies have historically favored

traditional, monogamous family structures, leaving polyamorous individuals without legal

protections or social validation.

The lack of legal recognition for polyamorous relationships has far-reaching

consequences. Without formal acknowledgment, individuals in polyamorous partnerships

face significant challenges in areas such as inheritance, healthcare decision-making, child

custody, and taxation. These gaps in legal protection not only marginalize polyamorous

individuals but also perpetuate systemic inequality. Furthermore, the moral stigma

embedded in public policies reinforces societal prejudices, making it difficult for

polyamorous individuals to live openly and authentically.

To address these issues, public policies must evolve to reflect the diversity of modern

relationships. This requires a shift in perspective, from viewing polyamory as a moral

deviation to recognizing it as a legitimate form of consensual, loving partnership.

Inclusive public policies could include:

First, a legal recognition of polyamorous unions. Extending the legal framework to

recognize polyamorous relationships, like marriage or civil unions, with appropriate

protections and benefits for all parties involved. Second, anti-discrimination measures,

because it is needed implementing policies that protect polyamorous individuals from

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discrimination in housing, employment, and healthcare. Third, education and awareness

campaigns, to promote public understanding of polyamory through educational initiatives

that challenge stereotypes and reduce stigma. Finally, yet not solely, research and data

collection: Supporting studies on polyamorous relationships to inform evidence-based

policymaking and better understand the needs of this community.

Conclusion

Considering the growing diversity in family structures and relationship dynamics, legal

systems must evolve to reflect these changes. Polyamory, as a legitimate and consensual

form of relationship, has long been marginalized within legal and social frameworks,

primarily due to the moral stigma associated with non-monogamous relationships. This

exclusion has serious consequences, depriving polyamorous individuals and families of

basic rights and protections typically afforded to monogamous unions, such as

inheritance, healthcare decision-making, and child custody arrangements.

The lack of legal recognition for polyamorous relationships in Brazil is a glaring gap in

the country's family law system. Despite the progressive strides made in the recognition

of same-sex marriage and the promotion of gender equality, polyamory remains on the

periphery of legal and social acceptance. As this article has explored, overcoming the

moral stigma surrounding polyamory is essential for ensuring that all individuals,

regardless of their relationship choices, are treated with dignity and respect in the eyes

of the law.

Legal reforms are urgently needed to address the rights and needs of polyamorous

individuals. These reforms should include the recognition of polyamorous unions, the

extension of legal protections to all parties involved, and the development of public

policies that prioritize inclusivity and social equality. The National Justice Council (CNJ),

as a key body within Brazil's judiciary, is uniquely positioned to lead these efforts. By

issuing resolutions that acknowledge polyamory and extend legal protections to

polyamorous families, the CNJ could play a transformative role in advancing the rights of

polyamorous individuals and fostering a more inclusive society.

Ultimately, the recognition of polyamory in legal and public policy frameworks is not only

a matter of fairness and equality, but also a reflection of the evolving nature of love and

family. The time has come for legal systems to move beyond outdated norms and

embrace a more inclusive vision of relationships that reflects the diversity of human

experiences. By advocating for the legal recognition of polyamory and the protection of

polyamorous families, this article underscores the importance of fostering a legal and

social environment that values all forms of love and family, ensuring that no one is left

behind due to their relationship choices.

Polyamory represents a significant challenge to traditional notions of family and

marriage, necessitating a reevaluation of existing legal frameworks. The CNJ's role in

shaping public policies is crucial in ensuring that all forms of consensual relationships are

recognized and protected. By addressing the moral stigmas associated with polyamory

and promoting legal reforms, the CNJ can contribute to a more inclusive and equitable

society.

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Edna Raquel Hogemann, Thiago De Souza Serrano

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The CNJ has the potential to lead this transformation by revising its resolutions to

accommodate polyamorous relationships. By doing so, it can set a precedent for other

institutions and encourage a broader cultural shift toward inclusivity. This would not only

align with the constitutional principle of human dignity but also demonstrate a

commitment to protecting the rights of all individuals, regardless of their relationship

structures.

It is important to demark that public policies play a crucial role in determining which

relationships are valued and protected by society. By excluding polyamorous

relationships, current policies perpetuate inequality and reinforce outdated moral

stigmas. However, through inclusive reforms, public policies can become a tool for social

progress, ensuring that all individuals can live authentically and access the legal

protections they deserve. The CNJ, as a key player in this process, could champion these

changes and pave the way for a more equitable future.

References

Barker, M., & Langdridge, D. (2010). Out of the ordinary: The pleasures and politics of

non-monogamy. Palgrave Macmillan.

Brazilian Civil Code (2002). Law No. 10.406.

Conselho Nacional de Justiça. (n.d.). Quem somos. Retrieved March 31, 2026, from CNJ

official page – Who we are

Conselho Nacional de Justiça. (2018, April 19). Mitos sobre as competências do CNJ.

Retrieved March 31, 2026, from CNJ – Myths about its competencies

Conley, T. D., Moors, A. C., Matsick, J. L., & Ziegler, A. (2013). The polyamory scale: A

measure of attitudes toward polyamorous relationships. Personality and Social

Psychology Bulletin, 39(5), 621-633. https://doi.org/10.1177/0146167213488779

Foucault, M. (2017). The history of sexuality, volume 1: The will to know (M. T. da C.

Albuquerque, Trans.; J. A. G. Albuquerque, Tech. Rev.). Paz & Terra. (Original work

published 1976).

Freud, S. (2016). Three essays on the theory of sexuality, fragment of an analysis of a

case of hysteria (“Dora”), and other texts (1901-1905) (P. C. de Souza, Trans.).

Companhia das Letras. (Original work published 1905)

Green, K. (2021). Polyamory and the law: A review of legal challenges and

considerations. Family Law Quarterly, 55(3), 415-437.

Johnson, M. (2018). "Moral Stigma and Public Policy: The Case of Polyamory."

Sociological Perspectives, 60(2): 234-256.

Mitchell, L., Bartholomew, K., & Cobb, R. (2014). Polyamory and the legal system:

Perspectives on relationship rights and protections. Journal of Social and Personal

Relationships, 31(2), 325-345. https://doi.org/10.1177/0265407514536264

National Council of Justice (2019). Resolution No. 73.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 17, Nº. 1

May 2026, pp. 215-229

Polyamory: Legal Reflections on Public Policies due to the Prevention of Formalization of

Morally Stigmatized Relationships by the National Council of Justice

Edna Raquel Hogemann, Thiago De Souza Serrano

229

Smith, J. (2015). "Polyamory and the Law: A Comprehensive Review." Journal of Family

Law, 45(3): 123-145.

Tribe, L. (1990). Abortion: The Clash of Absolutes. New York: W.W. Norton & Company.

Conselho Nacional de Justiça. (n.d.). Quem somos. Retrieved March 31, 2026, from CNJ

official page – Who we are

Conselho Nacional de Justiça. (2018, April 19). Mitos sobre as competências do CNJ.

Retrieved March 31, 2026, from CNJ – Myths about its competencies