A aplicação da presunção de filiação em favor dos filhos advindos da união estável.

Abstract

The principle of equality between children is a social achievement, but also the recognition by the Federal Constitution of the Union as an entity family, sidewalk in ethical values and affection, deviating from the concept of the family which was limited to that formed from the marriage, for being the only valid for your Training Institute. The family entity worthy of State protection, so that children from a family should be protected. This survey seeks to ascertain whether the children are being protected by the same measure, regardless of the relationship of their broodstock. Targeting further reveal the theoretical basis for the subject under examination, as well as also look reasonable interpretation to recorded constitutionally and employment presumption of paternity presented by Brazilian civil law. Therefore, the justification for this survey consolidates the Senegalese fishing stocks of discussions about the necessity of protecting the family, and the lack of Express application of presumption to stable Union. Being the medium used, bibliographic search, in addition to the employment of deductive. The Brazilian doctrine dominant still advocates protection and equality between children and the family; however still classifies children by stable Union as illegitimate, meriting recognition for membership; to address the issue in specific it is timid, likewise those who expose their opinion, already expression towards applicability. However, should be highlight points that lead to the applicability of a rational vision and logical validity to both. In addition, proves that the doctrinal resistance on the study that incurs in protecting members of the family, disregarding any conclusive result not checking the exclusion of law to the children of the marriage, even aggression the institution family.