A responsabilidade na paternidade biológica frente ao reconhecimento da paternidade socioafetiva

Abstract

Over time, family duties and rights have been modified by the state in order to keep up with social trends. To the present day, public policies include the family obligations of parents to their children. Article 227 of the Federal Constitution of Brazil, sanctioned in 1988, is an example and guarantees to children, adolescents and young people, among other things, the right to life, dignity, freedom and family and community coexistence, with a view to negligence and cruelty. With this in mind, this research analyzed the need for compliance and regulation for male parents who reproduce but do not have the interest to protect their children and the legal possibility of the responsibility of these biological parents. In order to assist this inquiry, it was sought to understand the understanding and application of the special fundamental rights mentioned in article 227 of the Federal Constitution, in order to show progress in guaranteeing these rights, in addition to comparing the Civil Code sanctioned in 1916 and its published in 2002. In order to support the research, the evolution of the concept of family was considered. The method of deductive approach for the study of the cases of biological father's responsibility and the historical-evolutionary method was used to demonstrate the historical evolution of the family institution and the acquired rights with the recognition of the socioaffective paternity. It can be said that the family is made up of persons linked by consanguineous or affective bonds, comprising the spouses, their companions and their descendants or added relatives. Among other advances, the Federal Constitution disregarded the classification of children (legitimate, biological, adoptive), judging affection as the most important factor for paternity. Biological paternity is recognized through genetic factors that are even used in paternity recognition processes by analyzing the DNA sequences of both the father and the son (deoxyribonucleic acid). For cases of socio-affective paternity, this is recognized through the treatment given by parents to their children and public opinion. With such recognition before the law, both parents and children acquire corresponding rights and duties. Another fact that must be taken into account is that in cases of recognition of biological paternity, the biological parents can not exempt themselves from their legal obligations, except the expression of desire of the child, that is, there must be a copaternidade. Finally, the search for effective protection is done along with the commitment of daily actions that attend children and adolescents in the own needs of development.