A filiação socioafetiva e suas implicações jurídicas.

Abstract

The society has gone through several changes over time, and consequently the family has evolved in search for constant real truth in the family relationship, which is the love. Then the law began to mold itself to reach and protect this new reality of the family, which is guided in affectivity. Thus, the Federal Constitution of 1988 has forbidden the distinction between the children, as well as the Civil Code of 2002 which ratified the constitutional principle of equality among children. Despite legislative advances, the recent relationship between parent and affective child is not yet fully supported by legislation. It is a kind of new membership, which is derived from social advances within the Brazilian family, being considered as a relationship based solely on love, where there is no blood tie. They are parents who choose to create, educate, love and protect a person, who does not have blood connection. Are families formed by free love, which have been recognized doctrinally and in several decisions of our courts, they should therefore be supported by the legislator. Although we know that the affective children are loved and considered children like any others, before the Brazilian legislation, these people cannot exercise their rights, since there is no legal provision for this. Thus, it is important to this study, as a general objective, point to the need to create rules that protect the relationship between parents and social-affective children, as well as its juridical implication, for that the children have their rights recognized and receive state protection. For some specifics objectives, can see concepts bound to the Family Law, more specifically regarding membership and the sons’ state, till we get the analysis of the doctrinal and jurisprudential opinions about the theme. Through deductive approach method (which is based on the use of logic, from general premises to achieve a specific result), we analyzed the doctrinal and jurisprudential understandings, highlighting the legislative need to this membership, and the effects of their possible recognition since the jurisprudence has been favorable, recognizing this socio-affective relationship, equating them to other affiliations, missing only the legislator to fill this regulatory gap with due legal text.