Da desconstituição da paternidade socioafetiva quando consolidada a posse do estado de filho

• Autor(a) principal: Fernandes, Júlia Werner
• 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/7478
• topic: Direito de família; Afeto; Paternidade

This monographic work deals with the deconstitution of socio-affective paternity, with the general aim of analyzing, in the light of the Brazilian legal system and the doctrinal and jurisprudential understandings, the possibility of being deprived of socio-affective paternity once the possession of the son state has been consolidated. For this, the method of deductive approach was used, because through the study of norms, laws, jurisprudence and doctrines, the general scope, in the case of socio-affective paternity, for the specific one, analyzing the possibility or not of deconstitution of the Said paternity when the possession of the child's state is consolidated. The procedure used for the data collection was the bibliographic research. In view of the study carried out, it was noticed that socio-affective affiliation as well as the possession of the son state, although not expressly provided for in Brazilian legislation, were consolidated in family law due to the changes that the family nucleus suffered over time, mainly after the promulgation of the Federal Constitution of 1988 and the Civil Code of 2002. Faced with this, doctrine and jurisprudence have been positioning themselves in the sense of equating biological and socio-affective paternity, ensuring that, just as biological parenthood can not be undone, the state-owned subsidiary also presents the same guarantee, since both are equally responsible for the formation of the individual.