Efeitos jurídicos do reconhecimento de filiação socioafetiva e os reflexos trazidos pelos provimentos 63/2017 e 83/2019 do Conselho Nacional de Justiça.

Abstract

The family always followed the society, and for that reason suffered big changes in consequence of the historical, cultural and social transformation. The 1988 Federal Constitution, along with the 2002 Civil Code, came to recognize all types of affiliation, because it was concluded that the main forming element of the family is affection. Currently, the law acknowledges and protects the socio-affective relationships and, in the past 10 (ten) years, has made great progress in facilitating recognition of paternity/maternity socio-affective. Although the socio-affective affiliation is not a recent theme, there is not an especific law about it. Therefore, in order to regularize and facilitate the procedures for recognizing socio-affective paternity, the CNJ published the provision 63/17 and 68/19. Thus, it is important for this study, as a general objective, to analyze the legal implications of paternity recognition and the changes that occurred with the advent of provisions 63 and 87. With specific objectives in mind, analyze the historical and legislative evolution of family law; as well as the institute of affiliation and its different types and also examining doctrinal and jurisprudential understandings. Through the deductive approach method (which is based on the use of logic, starting from general assumptions to achieve a specific result), the jurisprudential and doctrinal laws and understandings are analyzed, as well as the Provisions, highlighting the effects of the recognition of paternity/ maternity socio-affective and the reflexes brought by the Provisions.