Ação de investigação de paternidade: análise jurídica da (im)possibilidade de recusa do sobrenome paterno

Abstract

This work aims to study the possibility of the child refuse the paternal surname after the action for the investigation of Paternity. For this, it is necessary to understand the concept of family, the principles of human dignity, the affection, the integral protection of children and adolescents, in the best interest for the same and the responsible parenthood as well as the new models of Constitution of the family entities. Later, deals with relations of kinship, the State of affiliation and recognition of children for only then deal with the legal consequences of the action for the investigation of paternity and the possibility of the child renounce the paternal surname. Throughout the study are analyzed the doctrinaire and positioning the country to verify the majority understanding. The theme presents controversies that arouse interesting discussions, especially on constitutional values conflict conjecture that Act on the possibility of the child require only the biological recognition and refuse to receive the paternal surname and the viability of the judge does not add the surname of the parent if there is the consent of the minor. In addition, it is studied whether the judge's decision to add the title of the parent on behalf of a minor is a ultra petita decision and to be recognized has to bear the surname of the father.