Direito sucessório na filiação afetiva

• Autor(a) principal: Silva, Tayná de Souza da
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5857
• topic: Herança e sucessão; Pais e filhos; Parentesco; Filiação; Afetividade

The purpose of this study was to analyze whether it is possible to fit socio-affective affiliation in the succession law by applying the legal provisions in force in the current Brazilian legal system, considering doctrinal and jurisprudential understandings. For the development of this work, the method of approach used was the qualitative form. With regard to the method of procedure, bibliographical research was used, especially by doctrines, laws and jurisprudence. As for the level of the research, the exploratory method was used. From the studies carried out it was envisaged that although socio-affective affiliation has been in the social environment for a long time and accepted by society, it is not yet recognized by legislation. In order for recognition and for the rights and duties inherent to the biological child to be guaranteed, it is necessary to seek the judicial means to do so. In the present day, the bonds of affection overlap the consanguineous bonds, being that this is no longer determinant to characterize the paternity / maternity, in which the affective bond has more forces to unite the people. In this way, it is proven that these people live or lived as a family, in the sense of father / mother and child, and that from this relationship came reciprocal love and affection, as well as all relevant treatment for such, the recognition of socio- due legal effects can be achieved.