Parentalidade socioafetiva e multiparentalidade: a transformação do conceito de família e os efeitos decorrentes do reconhecimento do vínculo afetivo

Abstract

The present study aims at discussing the possibility of recognizing, in the Brazilian juridical system, socio-affective parenting and, thus, multiparentality, based on a family history analysis and an evolutionary historical analysis of the family. The theme is extremely current and important, given that the family has undergone great transformations over time and there are no legislative forecasts that have followed the evolution of the family institution. Thus, doctrine and jurisprudence has been dedicated to try to solve the problems that arise from the legislative omission regarding the socio-affective and multiparentals bonds, seeking to solve the conflicts that have been presented to the Judiciary Power. Currently, the legal possibility of both institutes is already widely recognized, and the Federal Supreme Court has also established a General Repercussion (622) stating that biological and affective paternities can coexist. However, as far as the effects of this recognition are concerned, there is still a great deal of legal uncertainty and controversy, and it is essential that debates and studies be established on the subject in order to arrive at some common parameters that can be applied in Family Law Brazilian.