Análise dos direitos sucessórios na paternidade socioafetiva

• Autor(a) principal: Martins, Beatriz Mendes
• Data de Publicação: 2019
• 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/6000
• topic: Direito de família; Filiação socioafetiva; Direito sucessório

OBJECTIVE: To analyze the elements that underlie the recognition of inheritance rights in socio-affective paternity. METHOD: To this end, an exploratory research was conducted, with a qualitative approach, using, for data collection, the bibliographic method, since the present work was based on doctrines, jurisprudence, Brazilian legislation and scientific articles. RESULTS: Families have been undergoing significant transformations and that is why the law itself must walk in line with the new reality of these new forms of families, in order to meet the new paradigms of family evolution, seeking to protect them. and to guarantee to any individual in his home all the fundamental rights inherent in him. In this sense, it is observed that within the Family Law, the institute of affiliation has also made significant progress, including being in constant evolution, because with the new advances in family relationships, these began to assume their ties through affection, It is the affective bonds, in the present times, that constitute a family, because they are detached from the biological origin, assuming a larger extension, encompassing any origin of affiliation. In the current conjuncture, affection has been gathering its role, constituting the new link for family relationships, thus becoming the biological and non-biological affiliation species of state of affiliation. However, here are several discussions about succession law, regarding the socio-affective child, because it is in the succession field that the subject is so important. Finally, it was found that within the observed aspects, socio-affective affiliation is that resulting from the recognition of socio-affective paternity based solely on affection, disconnecting from the blood bond. CONCLUSION: Although there are situations in which the socio-affective child seeks recognition of affiliation, even if only post mortem with the intent of patrimony, the decisions are clear to recognize such an institute only if the state of child ownership remains, which presupposes three elements, namely, name, treatment and / or fame. Also, the said provision confers all responsibilities and personal effects, including property inherent to the institute of affiliation.