DUARTE, M. G.; http://lattes.cnpq.br/1385750392308592; DUARTE, Mayanne Gabrielly.
Résumé:
This work has as its object the study of socio-affective paternity by analyzing the
possibility of its recognition by the Brazilian legal system. On the assumption that the
concept of family has been considerably expanded by the current constitutional order
inaugurated by Federal Constitution of 1988, where the family entity will be formed
from the presence of elements such as affection, solidarity and respect, coming so
new family arrangements. To develop the study of this subject, initially treated the
historical and evolutionary origin of the family, as well as the legislative treatment
offered to this institution in the Brazilian legal system. Following were treated aspects
of membership showing the delineations brought about by the Civil Code of 2002,
analyzing the prism of the current Constitution, in order to demonstrate that the
biological link is not, but the main criterion for determining paternity. In this
perspective, before the constitutional principles that revolutionized the family law,
causing the affection was a core element of independent formation of the existence
of blood bond, left shown that Brazilian law is silent on the express provisions of
socio-affective paternity, but despite the gap, the constitutional principles guiding the
family law, give the backbone needed for its wide recognition in the seat of
jurisprudence by the Courts, which signal well beyond their mere recognition where
this parenting method is able to generate the same effects very personal, property
and inheritance, inherent in paternal-filial relationship.
