Os efeitos sucessórios da parentalidade socioafetiva post mortem: análise dos critérios estabelecidos para o reconhecimento da filiação pelo Supremo Tribunal de Justiça (STJ)

Abstract

This article aims to analyze how Brazilian law guarantees the granting of inheritance rights for the socio-affective child recognized post mortem, as well as its application criteria. It also aims to identify how the principle of equality provided for in the Federal Constitution of 1988 guarantees inheritance rights, such as showing how the Child and Adolescent Statute (ECA) guarantees socio-affective affiliation, in addition to explaining the concept of posthumous adoption and its difference in relation to post mortem socio-affective parenting. For this, an analysis of judgments will be made at the Superior Court of Justice (STJ), in order to verify how the socio-affective children have their rights enforced.