A construção sócio-histórica da naturalização da ausência do reconhecimento paterno no Brasil e as alternativas de enfrentamento

• Autor(a) principal: Januario, Ana Carla de Paula
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/19490
• topic: Reconhecimento de paternidade; Investigação de vínculo genético; Direitos da criança e do adolescente; Paternity recognition; Genetic link research; Child and adolescent rights; CNPQ::CIENCIAS SOCIAIS APLICADAS::SERVICO SOCIAL

Paternal identification on a child’s birth certificate is often at the discretion of the parents, as something optional, and not considered as a right of the person as a citizen. However this procedure also involves the co-responsibility of the state. Among other reasons, the preservation or restoration of health may necessitate the finding of an individual with blood and/or genetics compatibility, a process facilitated by paternal identification. In accordance with Article 27 of the Children and Adolescents Statute, “The recognition of parentage status is a personal right, inalienable and indefeasible, and can be exercised against the parents or their heirs, without any restriction, observing the secrecy of justice”. The Supreme Court in Precedent 149 also ensures that paternity investigation is also indefeasible. Other citations would infer that there is infringement of the rights of children and adolescents when paternal identification is deemed optional. It should be noted, however, that the Public Prosecutor has taken some initiatives here. Law 8.560/1992, among others, pointed to the universality of the right to parentage recognition, giving the prosecution authority to propose paternity action in its own name and in the interest of the child in the form of public interest. The Internal Affairs Division of Justice, Department of Education and Registers Association of Natural Persons (Arpen) of São Paulo, with the support of the Infancy and Juvenile Courts have organized joint efforts of paternity recognition through programs and projects, as the Present Father. Changes in legislation and other initiatives are also being effected for the promotion of this right, in addition to enabling these recognitions to occur in civil registries without the need for judicial intervention in most cases. In 2011, when the program Present Parent of the National Justice Internal Affairs, through the National Institute of Studies and Research (Inep), found a population of five million Brazilian children, adolescents, and students without paternity recognition, fourteen thousand of those people spontaneously sought paternity identification. Mobilizations and joint efforts carried out annually since 2014 by the Santo Amaro Regional Forum II also present significant results regarding the regularization of parentage and the documentation of hundreds of children. The furthering of this study continued with research on the subjects’ alleged fathers, conducted on the premises of the Institute the Institute of Social Medicine and Criminology of São Paulo (IMESC), with genetic linkage examination (DNA testing). In addition to exploring the analysis of these actions, this study also aims to reflect on the professional attitudes towards the father figure, which often fails to be mentioned in the interventions, reinforcing the naturalized absence of another parent, besides the mother