PERÔNICO, S. L.; http://lattes.cnpq.br/2209240453865754; PERÔNICO, Stefany de Lucena.
Resumen:
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.