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.
Authors
- José Carlos Machado (ORCID: https://orcid.org/0000-0003-4741-8415)
- Sofia Xavier Silva (ORCID: https://orcid.org/0000-0003-2122-4129)
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
- Field-Weighted Citation Impact
- 0.00