Contrato e sacramento: repercussões sobre o sistema matrimonial canônico

This essay consists of an attempt of a historical and concept-based reconstruction of the system of canonical marriage established between 12th and 16th centuries, first codified on the 1917 Code of Canon Law, and later on the current 1983 Code. Based specifically on a theory of relations between contract and sacraments of the Church, such system intends to separate matters into theological and legal aspects linked to various historical and social contexts. In this sense, the 1917 matrimonial system has weaknesses due to the influence of theological and legal premises subsequent to the Council of Trent, which emphasized the nature of marriage as a contract. Such beliefs contributed to the secularization of marriage due to their influence on the purported connection between naturalism and sacraments of the Church in the 16th century, as well as the influence on the disengagement of marital bond of its theological roots, caused by influences of individualism between 18th and 20th centuries.