Ação de investigação avoenga: efeitos jurídicos do reconhecimento de parentesco.

Abstract

The monographic work intents to analyze the action of grandparent kinship research regarding the possibility of being taken and the effects of its judicial recognition between the parties, namely, between the grandchild and the grandparent. Thus, it will check the legitimacy of the grandchild as one interested to propose this present action, according to doctrinal, legal and jurisprudential convergences, regarding the expansion of kinship investigation before recent changes in Family Law, supported by the placements of Brazilian Supreme Court. Given the subject, it’s questioned: what would be the legal effects arising from the judicial recognition of a grandparent kinship research? Hypothesis: Once proved the legitimacy of the grandchild to propose an action of grandparent kinship research, and, being declared founded the merits of the action, will there be recognized all the rights attached to this kind of kinship, according to the Civil Law and its personality rights, like knowledge of genetic origin, ancestry and right to the name? To achieve these goals it will be used the bibliographic, exegetical-legal and data collection through documents research. Then, once recognized and established the material kinship, will come to both grandparent and grandchild all the rights and obligations from their kinship, like name, custody, inheritance, alimony, among others. Noted the importance of this work by the need to understand the new institutes of Family Law, particularly research avoenga as a mode of relationship research, able to nurture the affection, solidarity, human dignity and family life provided guiding principles of family law. Thus making known possibilities and rights that you hold all who are in the same situation.