Multiparentalidade: uma análise de seu reconhecimento sob o ordenamento jurídico brasileiro.

Abstract

This paper discusses Multiparentality, which consists, in general lines, of the possibility that, although not yet explicitly supported in the form of the law, there is already a doctrinaire and jurisprudential legitimacy, if the coexistence of the father or mother of affective order and biological order in the civil registry of natural persons, provoking confirmation of the obsolescence of the exclusivity of the criteria based on genetic ties and arising from civil marriage for the formation of the family and the need to abandon the primacy of the preservation of the patrimony to give focus to interpersonal relationships in their various forms. The objective of this scientific research is to deepen in the mentioned institute, as well as to evaluate its admission in Brazil and weave projections from its effectiveness. As for the methodology, the method of approach is the deductive, the procedure method is monographic and hermeneutical, and the research technique is the bibliographical and documentary. In order to reach the proposed objective, it will initially address the understanding about the family, its historical roots, different compositions, accepted models and concepts used over time and its framework in legal science, as well as the principles applicable to Family Law; and then, discussing parenting, affiliation and socio-affectivity, finally bringing the discussion about the prevalence or not of socio-affective affiliation in relation to biological, the alternative found with the advent of the Multiparentality Institute, the viability of its recognition and the respective legal effects and predictable problems arising from them, bringing solutions for their use.