Famílias anaparentais socioafetivas: dinâmicas e desafios para o direito sucessório contemporâneo

Abstract

This scientific article aims to analyze the possibility of deferral of succession effects for anaparental families. The main objective is to investigate, in the light of contemporary Brazilian inheritance law, whether inheritance is transmitted between socio-affective brothers, even when there is no valid will. Therefore, it will be necessary to define requirements for the judicial recognition of family agreements formed from a fraternal brother and without the presence of common ancestors. In this sense, the aspects that guided this new family configuration will be addressed and the investigation will deduce the status of brother as a fundamental piece for the characterization of anaparental families. The method adopted for the construction of the critical basis of this article was the hypothetical deductive, that is, if the hypothesis is true, in turn, a premise will also be. Throughout the research carried out for the construction of the work, the tendency of the courts in the actor or the principle of affectivity was evidenced as a fundamental part for the configuration of the new family arrangements.