A PATERNIDADE SOCIOAFETIVA E SEUS REFLEXOS NO DIREITO SUCESSÓRIO BRASILEIRO: UMA ANÁLISE JURISPRUDENCIAL

This study analyzes the impacts of socio-affective paternity on Brazilian inheritance law, considering the evolution of the concept of filiation and its appreciation in the legal system. With the overcoming of the exclusively biological model, affection has become an essential criterion in the definition of parenthood. The research addresses the consolidation of this recognition in case law and the challenges faced in hereditary succession, especially in the equalization of rights between biological and socio-affective children. Through a case law analysis, decisions of higher and state courts that reinforce multi-parenthood and equality in inheritance are examined. The study proposes legal solutions, such as the creation of specific rules and the strengthening of family mediation, to guarantee legal certainty and equity in the division of assets. It is concluded that the regulation of socio-affective paternity is essential to ensure the protection of affective ties and the harmonization of inheritance law with the new family configurations.

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Publication Details

Journal
Revista fisio&terapia.
Published
2025-04-26
DOI
https://doi.org/10.69849/revistaft/ni10202504261653
Primary Topic
Brazilian Legal Issues
Type
article
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article

A PATERNIDADE SOCIOAFETIVA E SEUS REFLEXOS NO DIREITO SUCESSÓRIO BRASILEIRO: UMA ANÁLISE JURISPRUDENCIAL

José Carlos Machado, Sofia Xavier Silva
Revista fisio&terapia.
Brazilian Legal Issues
article

A PATERNIDADE SOCIOAFETIVA E SEUS REFLEXOS NO DIREITO SUCESSÓRIO BRASILEIRO: UMA ANÁLISE JURISPRUDENCIAL

José Carlos Machado, Sofia Xavier Silva
article en

Abstract

This study analyzes the impacts of socio-affective paternity on Brazilian inheritance law, considering the evolution of the concept of filiation and its appreciation in the legal system. With the overcoming of the exclusively biological model, affection has become an essential criterion in the definition of parenthood. The research addresses the consolidation of this recognition in case law and the challenges faced in hereditary succession, especially in the equalization of rights between biological and socio-affective children. Through a case law analysis, decisions of higher and state courts that reinforce multi-parenthood and equality in inheritance are examined. The study proposes legal solutions, such as the creation of specific rules and the strengthening of family mediation, to guarantee legal certainty and equity in the division of assets. It is concluded that the regulation of socio-affective paternity is essential to ensure the protection of affective ties and the harmonization of inheritance law with the new family configurations.

Revista fisio&terapia.Vol. 29(145)
Openalex Percentile: Top 86%
Brazilian Legal Issues
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A PATERNIDADE SOCIOAFETIVA E SEUS REFLEXOS NO DIREITO SUCESSÓRIO BRASILEIRO: UMA ANÁLISE JURISPRUDENCIAL — José Carlos Machado, Sofia Xavier Silva · Revista fisio&terapia. (2025) | TGRS Research Map | TGRS