MELO, M. M.; http://lattes.cnpq.br/6969038230022307; MELO, Monique Medeiros de.
Resumen:
The society is not static, on the contrary, it is dynamic. In this respect, social rules
continually change. And Law, an instrument of social control, will undergo interpretive
changes so that it is feasible to achieve success in the sphere of collective
pacification, without losing its object, that is, not to fade away in the course of time.
With that being said, socio-affective affiliation, guides the constitution of family
relationships according to different lines, leaving a static view of the family nucleus
based on only one or other model, insofar as it considers the relationships of
affectivity, and the time of coexistence as your requirements. Bringing to popular
knowledge, the recognition of socio-affective affiliation confirms the saying "father is
the one who raises". Thus, the following problem arises: How is the institute of socio affective affiliation parallel to the concept of family and its socio-legal evolution? The
present scientific production aims to analyze the socio-affective affiliation institute
parallel to the primitive concept of family and its historical-juridical evolution, with a
view, in its influence in the normative system, beyond its unfolding and reached in the
conceptual and structural rearrangement of the Brazilian family entity. To do so, it
uses the deductive method as a method of approach, since it will start from a larger
and general premise, which with the aid of logical reasoning will lead to a specific
and valid conclusion of the thematic; the historical-evolutionary method and the
comparative study as methods of procedure, and bibliographical and documentary
research as research techniques. This makes it possible to verify that Family Law, in
particular socio-affective affiliation, although with consolidated manifestations of its
development in parallel with the dynamics of social relations, in the tendency of the
need to overcome static and traditional models outdated and excluding, in what it
says respect to the legal community, here understood the scholars and researchers
of the Law, and to the judicial organs, finds theoretical and jurisprudential recognition
and support. However, the Brazilian legislator, until now, has been absent in the
treatment of the matter, denoting, which is evidenced mainly by the current relevance
of the Civil Code currently in force, still conservatismin the conception of the family,
which is why the present research is justified, given the need for the composition of a
legislative scenario for socio-affective affiliation.