Aspectos sucessórios decorrentes da filiação socioafetiva

Abstract

The present work makes a comparative analysis between the married family of the Civil Code of 1916 and the “new family entities”. It aims to present the family incorporated under the term of the civil Code of 1916, with its concepts, criteria and determining factors for its characterization and establishing parallel with current family, demonstrating the transformations of this family, which in our times is plural and multifaceted. The method used was the analysis of the legislation, review of literature with documentary, as well as jurisprudential decisions. The main results were determined by the significant transformation of the concept of family under the aegis of the Civil Code of 1916 and the Civil Code of 2002 to the present day. It is concluded that, over time and the evolution of legislation, the family has raised a threshold not previously imagined, with possibilities to extend even more its restricted and limited concept to an open concept, with a primary focus on the principle of dignity of the human person, inscribed in the Federal Constitution of 1988.