A filiação no novo código civil: presunção legal juris tantum da paternidade

• Autor(a) principal: Souza, Anita Valim
• Data de Publicação: 2020
• 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/15795
• topic: Criança; Paternidade; Juris tantum; Proteção integral

The families went through changes, ceasing to be recognized only when formed by father, mother and children, with ties of marriage, and at present any Family configuration is accepted and respected. However, it is still very common for parents to seek to avoid the recognition of their children because they fear the responsibilities arising from this situation and, thus, the number of children without the name of their parents is high. In view of this reality, the present study was developed with the general objective of verifying how the legal presumption of paternity occurs in the new civil code. This is a literature review supported by books and scientific articles, as a way to collect results from different studies that could clarify the topic. The jurisprudential analysis, as well as the Brazilian doctrine, made it evident that the Brazilian courts recognize and apply the principle of legal assumption of paternity, aiming at the best interest of the child, in his development and in the emotional balance that results from the security of knowing who they are, their parents and that they are part of their lives. However, it should be noted that the application of the principle does not occur at the time of the child's birth registration. In the process of later recognition of paternity, defining that the DNA test must be conducted and the father refusing to perform it, the juris tantum assumption applies. All the data collected makes it evident that the minor's interests must be fully protected by the State, by society and by the family and, thus, to stop giving the minor the knowledge about his father and to ensure that the name of the identification documents would deny full protection of child.