Paternidade socioafetiva: análise face o posicionamento dos tribunais sobre a matéria.

Abstract

This work has as its object the study of socio-affective paternity by analyzing the possibility of its recognition by the Brazilian legal system. On the assumption that the concept of family has been considerably expanded by the current constitutional order inaugurated by Federal Constitution of 1988, where the family entity will be formed from the presence of elements such as affection, solidarity and respect, coming so new family arrangements. To develop the study of this subject, initially treated the historical and evolutionary origin of the family, as well as the legislative treatment offered to this institution in the Brazilian legal system. Following were treated aspects of membership showing the delineations brought about by the Civil Code of 2002, analyzing the prism of the current Constitution, in order to demonstrate that the biological link is not, but the main criterion for determining paternity. In this perspective, before the constitutional principles that revolutionized the family law, causing the affection was a core element of independent formation of the existence of blood bond, left shown that Brazilian law is silent on the express provisions of socio-affective paternity, but despite the gap, the constitutional principles guiding the family law, give the backbone needed for its wide recognition in the seat of jurisprudence by the Courts, which signal well beyond their mere recognition where this parenting method is able to generate the same effects very personal, property and inheritance, inherent in paternal-filial relationship.