BRITO, D. D. M.; http://lattes.cnpq.br/4798805174604872; BRITO, Débora Dhyellen de Morais.
Abstract:
This paper is focused on studying the evolution of the concept of family,
demonstrating the different ways in which this is structured over time, also indicating
that the socioaffective affiliation and multiparenthood are widely discussed institutes
and and takes place in part of the Brazilian jurisprudence although they lack legal
regulation, since it uses the analogical interpretation to support the recognition of
such institutes. Thus, the principle of affectivity is the mainspring of the set of
principles in civil and constitutional law, used to justify the recognition of affection as
a condition required of the social-affective relations. It was noted then that kinship by
consanguinity can coexist with the affective relationship, giving rise to
multiparenthood. The effects of this type of affiliation should be taken from the point
of view of protection of the guarantees listed by the Family Law, as susceptible of
protection by the state. For this, it’s presented a qualitative work, using as a method
of approach the deduction, because it came from the family institution analysis to
understand in the end, how was the production of legal effects from the perspective
of socioaffective affiliation. The procedure method used is the historical one, due to
the appreciation of family development in social bosom. Research techniques
documents and bibliographies were used. Finally, it is concluded that the recognition
of these institutes radiates various effects in the Brazilian legal system.
