Análise das decisões proferidas pelos tribunais de justiça dos estados do Rio Grande do Sul e Santa Catarina acerca da desconstituição da paternidade socioafetiva

• Autor(a) principal: Mendes, Lais Duarte
• 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/5748
• topic: Direito de família; Filiação; Paternidade socioafetiva

Objective: To analyze the decisions of the Courts of Justice of the states of Rio Grande do Sul and Santa Catarina about the deconstitution of socio-affective paternity, in the period between March 2018 and April 2019. Method: Regarding the level of exploratory research, identifying possible variables about the problem exposed. Regarding the approach of The qualitative method was used because the main purpose of the study is to analyze the arguments used in the decisions. Regarding the data collection procedure, it was The bibliographic research was used, in this case the research was done in existing materials. In addition, documentary research was employed, which was based on legislation and decisions selected jurisprudentials. Results: An analysis of the general notions about family law, through which it was possible to understand the innumerable changes that governed the family context over time, giving rise to other family structures. O This study also covered the constitutional principles that underpin this institute, as well as as to the understanding of sonship and its species, which assigns reciprocal rights and duties between parents and children. Conclusion: It was found that the decisions of the Courts of States of Rio Grande do Sul and Santa Catarina during the period established for the not admitting the modification of registration and socio-affective affiliation, becoming irrelevant the biological truth and also the existence of vice of consent in the origin of the paternity established in registration. Thus, the positioning of judges regarding the possibility of deconstitution of socio-affective paternity, these decisions are restricted to specific cases, since in none of the cases under study the possibility of deconstitution remained unanimous. maintain socio-affective paternity.