Direito sucessório dos ascendentes a partir do reconhecimento da multiparentalidade

Abstract

With the advent of the 1988 Federal Constitution and the 2002 Civil Code, new forms of family constitution and began to appreciate human dignity, search for happiness and affection in family relationships. Thus, it became recognition of socio-affective affiliation is possible and, in addition, concomitance of this affiliation with biological affiliation, giving rise to the phenomenon of multiparenting. With the recognition of multiparenting, a series of legal effects may take place, among which the successions, in particular, with respect to straight upward succession. O Civil Code does not provide for the division of inheritance to ancestors in the cases in which multiparenting is recognized, therefore, the present work proposed to seek a solution to this normative gap. Thus, it was concluded, from the analysis of article 1,836, §2 of the Civil Code, that the ascendants socio-affective will live up to the heritage of the de cujus, as well as the ancestors and the division of inheritance must respect maternal and paternal lines, being that within the line in which the multi-parenting exists, a division between the socio-affective and the biological parent, preserving the heritage of another line