Multiparentalidade no Direito brasileiro: reconhecimento jurídico da coexistência da parentalidade biológica e socioafetiva.

Abstract

The society‟s evolution made appear numerous ways of families. The hierarchical and rigid model worshiped in the ancient civilizations and the matrimonialized of the Medieval Period and the Civil Code of 1916 gave space to a diversified family formation. With the Federal Constitution of 1988 cases of social-affective parenting emerged. Appearing the possibility of the multi-parenting, which can be originated from the coexistent biological and social-affective parenting. The factual reality entered the juridical sphere, where cases of pluri-parenting started to be recognized, based on the dignity of the human person, on the affectivity, on the equality between children, on the doctrine of the integral protection, on the possession of the state of son, etc. The present work used the deductive method as well as the bibliographic search to the analysis and the study of the multi-parenting. Even though it‟s not a pacified theme it‟s undeniable the crescent acceptance of the referred institute in Brazilian Law. For this purpose is justified its applicability, being possible to coexist, and shall not exist a supremacy of one over another. The rights and obligations that come from the relation between parents and children shall be applied in the biological parenting as much as in the social-affective, simultaneously. Since the Law is a social science it has to mold itself to the changes that occurred in the society, protecting and guarding the rights and obligations. This way, the present work aims to study and analyze the pluri-parenting, that resulted from consanguinity and from the social-affectivity, demonstrating its juridical effects, as well as showing the need of its recognizing in Brazil, willing to assure the dignity of the human person of the parents and of the children that come from multiple parenting.