Flexibilização de normas cogentes na filiação socioafetiva: análise da aplicação de princípios do direito de família

Abstract

The article aimed to analyze the possibility of making mandatory rules related to the minimum age difference required for the recognition of socio-affective filiation more flexible, based on the principles of Family Law. The study used a qualitative and bibli ographic approach, with analysis of specialized doctrine and jurisprudence from higher courts. It was found that, although the legislation establishes an objective requirement of age difference, the Superior Court of Justice admitted the relaxation of this require ment in specific cases that demonstrated a consolidated, continuous, public, and well known affective bond between the parties. The results highlighted the importance of applying the constitutional principles of human dignity, affectivity, and the best interests of the child in interpreting legal norms. It was concluded that, once the status of child is proven and there is no evidence of bad faith, it is legally possible to relativize the age requirement to ensure the protection of socio-affective family ties.