Filiação socioafetiva: análise jurídico-social à luz das novas perspectivas de família.

Abstract

The society is not static, on the contrary, it is dynamic. In this respect, social rules continually change. And Law, an instrument of social control, will undergo interpretive changes so that it is feasible to achieve success in the sphere of collective pacification, without losing its object, that is, not to fade away in the course of time. With that being said, socio-affective affiliation, guides the constitution of family relationships according to different lines, leaving a static view of the family nucleus based on only one or other model, insofar as it considers the relationships of affectivity, and the time of coexistence as your requirements. Bringing to popular knowledge, the recognition of socio-affective affiliation confirms the saying "father is the one who raises". Thus, the following problem arises: How is the institute of socio affective affiliation parallel to the concept of family and its socio-legal evolution? The present scientific production aims to analyze the socio-affective affiliation institute parallel to the primitive concept of family and its historical-juridical evolution, with a view, in its influence in the normative system, beyond its unfolding and reached in the conceptual and structural rearrangement of the Brazilian family entity. To do so, it uses the deductive method as a method of approach, since it will start from a larger and general premise, which with the aid of logical reasoning will lead to a specific and valid conclusion of the thematic; the historical-evolutionary method and the comparative study as methods of procedure, and bibliographical and documentary research as research techniques. This makes it possible to verify that Family Law, in particular socio-affective affiliation, although with consolidated manifestations of its development in parallel with the dynamics of social relations, in the tendency of the need to overcome static and traditional models outdated and excluding, in what it says respect to the legal community, here understood the scholars and researchers of the Law, and to the judicial organs, finds theoretical and jurisprudential recognition and support. However, the Brazilian legislator, until now, has been absent in the treatment of the matter, denoting, which is evidenced mainly by the current relevance of the Civil Code currently in force, still conservatismin the conception of the family, which is why the present research is justified, given the need for the composition of a legislative scenario for socio-affective affiliation.