A paternidade socioafetiva no direito de família brasileiro

Abstract

The general objective of this study is to analyze socio-affective parenthood and its effects in the field of Succession Law, specifically examining the possibility of registering both biological and socio-affective fathers, a phenomenon known as multiparenthood. Currently, the patriarchal and hierarchical family has given way to models based on love and affection between its members. Due to the dynamic nature of families, there is a constant need to adapt legislation to ensure conformity with contemporary social contexts. Thus, the Brazilian Federal Constitution of 1988 introduced guiding principles for the application of law, including the recognition of affection as a driving force in family relationships. Socio-affective parenthood is a legal phenomenon that has arisen through the recognition of affection as a legal value, and 22 through mutual cohabitation and care in these relationships. Given the plurality of family structures, this study hypothesizes the coexistence of filiations and their succession effects in the father-child relationship, which will be further analyzed throughout this work. The method used in this study is primarily a bibliographic exploration, aimed at enhancing ideas or discovering insights. It has been observed that multiparenthood, resulting from the evolution of family law and recognition of socio-affective parenthood, is gaining acceptance in the Brazilian legal system. The possibility of registering both biological and socio-affective fathers demonstrates respect for the realities of contemporary families and the value of affection in family relationships.