Novas perspectivas do direito sucessório em face do fenômeno da multiparentalidade

Abstract

The present work intended to study the variety of forms of family currently exist in society and analyzes the legal consequences, especially succesion's legal rules. In the contemporary scenario, multiparenting due to socio-affective ties has been increasingly recurrent. Doctrine and jurisprudence consolidated understandings regarding parental rights and obligations from the point of view of affiliation. However, the succession aspects arising from this recognition are not treated with the same emphasis, which can currently be formalized even in the extrajudicial sphere. Law must anticipate and create its own rules to allow inventories and division of assets to be consensually, relieving the Judiciary of specific demands in which it seeks to recognize the right as 'necessary heir' or the absence of a bond that generates the intended patrimonial consequences. Thus, initially, the evolution of the family concept and its adaptation to the present day will be addressed. Afterwards, we will deal with socio-affective parenting and all forms of multiparenting. In view of this problem, the succession rule and the adequacy in relation to the existence of multiple parents and grandparents will be analyzed, as well as the coexistence of socio-affective and biological affiliation, especially in view of the lack of affective interest be the biological son in relation to the father, or the biological father in relation to the child. New rules of succession will be proposed in view of this new family reality. Literature and document review will be used as a research method, using state and federal legal, normative bases, as well as doctrine and jurisprudence.