Filiação socioafetiva: uma abordagem sobre seu reconhecimento no Direito Civil contemporâneo.

Abstract

The present study aims to analyze the recognition of socio-affective affiliation and the legal effects that impact relationships within the scope of contemporary civil law. The research addresses changes in the concept of traditional family, presenting the evolution of family law and filiation, through the deductive approach method, using bibliographic and documentary research techniques, involving the analysis of civil doctrinal works, legislation and the interpretation of national jurisprudence on the subject. It is known that affection represents a fundamental foundation in family law, promoting the construction and maintenance of family relationships by highlighting the relevance of affectionate coexistence and communion of life among its members. The Constitution of the Federative Republic of Brazil of 1988, through its guiding principles, establishes that family relationships are not limited only to blood or registry ties, but also include relationships based on mutual affection and responsible paternity. In this context, the Brazilian legal system made this recognition viable with regard to the inclusion of the socio-affective father or mother in the child's birth registration, with the courts deciding that socio-affective parents have the right to custody of the child, whether unilateral or shared. Furthermore, the recognition of this new filiation was essential in carrying out the succession of assets from a father to a socio-affective child, as well as in the obligation to provide maintenance. Therefore, there is no need to dispute the existence of the socio-affective filial bond, and its legal impacts on family relationships, when the possession of child status is proven. Throughout this study, the progression of recognition of socio affective affiliation in relation to new family arrangements is discussed in accordance with the understanding of legal works and rulings from Brazilian courts. Therefore, the article seeks to clarify the various legal impacts caused by the recognition of this unnatural affiliation in the Brazilian legal system, addressing the legislative gap that the absence of a specific law that deals with this matter left in the legal system, since its understanding is based on if only in the interpretation of the subjective understandings of Brazilian judges.