Considerações acerca da distinção entre parentesco por afinidade e filiação socioafetiva à luz da jurisprudência brasileira: uma análise das decisões em casos de reconhecimento de multiparentalidade.

Abstract

The theme of this work is the jurisprudential analysis of the definitions of the socio-affective father to the detriment of the stepfather, with the aim of gauging the differences between kinship by affinity and socio-affective kinship and possibly the legal (in)security produced by the defining criteria in an evidentiary context. The aim of this investigation is to analyze the criteria and means of proof allowed for the recognition of filiation by affection concomitant with the biological bond, haracteristic of multiparenthood. In order to carry out this work, the deductive method was used and bibliographical research was carried out on the subject of family formation and new parenthood, using case law websites to facilitate the research. Through this study, it is possible to conclude that the criteria and evidence established by the judiciary are sufficient to rule out the hypothesis of undue recognition of socio-affective filiation, because, although there is a legislative slowness on the subject, it will be difficult to prove the simulated paternal-filial state, given the need to reveal not only affection (subjective), but also affective and public coexistence as if biological father/son were (objective).