O reconhecimento da filiação socioafetiva e a possibilidade de obrigação alimentar dos pais socioafetivos para com os filhos havidos por essa relação de afetividade

• Autor(a) principal: Napoli, Morgana Brunato
• Data de Publicação: 2017
• 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/5804
• topic: Família; Filiação socioafetiva; Obrigação alimentar

This monograph is about the recognition of socio-affective affiliation and the possibility of maintenance obligation, with the main objective of analyzing, in the light of the Brazilian legal system and the doctrinal and jurisprudential understandings, the elements that base the recognition of socio-affective affiliation and the possibility of maintenance obligation of the socio-affective parents towards their children due to this relationship of affectivity. The deductive method was used because of a universal understanding about the family, the affiliation and the essential constitutional principles of the family relationship, resulting in a specific proposition, that is the possibility of maintenance obligation in the socio-affective affiliation. As for the approach, this is a qualitative research; as for the data collection procedure, this is a bibliographical and documentary research. From the research carried out, it was evidenced that socio-affective affiliation is not expressly provided for in the Brazilian legal system, nor the possibility of maintenance obligation of socio-affective children, but with the changes that have occured in family law, the doctrine and jurisprudence are positioning themselves in order to prevail the socio-affectivity in detriment of biological truth, thus enabling the provision of food to socio-affective children, in equality with the other children, since the purpose brought by the Federal Constitution of 1988 and by the Civil Code of 2002 was prohibit any discrimination between the children, granting them, all the inherent rights of the affiliation.