ANTUNES, N. F.; http://lattes.cnpq.br/5582278836061784; ANTUNES, Naiara Ferreira.
Abstract:
This work aims to study the possibility of the child refuse the paternal surname after
the action for the investigation of Paternity. For this, it is necessary to understand the
concept of family, the principles of human dignity, the affection, the integral protection
of children and adolescents, in the best interest for the same and the responsible
parenthood as well as the new models of Constitution of the family entities. Later,
deals with relations of kinship, the State of affiliation and recognition of children for
only then deal with the legal consequences of the action for the investigation of
paternity and the possibility of the child renounce the paternal surname. Throughout
the study are analyzed the doctrinaire and positioning the country to verify the
majority understanding. The theme presents controversies that arouse interesting
discussions, especially on constitutional values conflict conjecture that Act on the
possibility of the child require only the biological recognition and refuse to receive the
paternal surname and the viability of the judge does not add the surname of the
parent if there is the consent of the minor. In addition, it is studied whether the
judge's decision to add the title of the parent on behalf of a minor is a ultra petita
decision and to be recognized has to bear the surname of the father.