Reflexos jurídicos da multiparentalidade na filiação

Abstract

The family experiences new formations, based on the bond created by affectivity between individuals in the most diverse family arrangements, requiring a new non-reductionist interpretive production within Civil Law. Parenting can’t be understood only by blood ties, as it pervades more subjective issues such as affection and solidarity. In the conflict between biological and socio-affective parenting we have sought a more dignified solution for the human person, that is, the coexistence of both: multiparentality. The objective of this work is to identify the phenomenon of multiparentality in Brazil, seeking to understand its legal repercussions in membership, with a temporal and normative focus from the Federal Constitution of 1988 until the present day. Methodologically, a qualitative approach was used, based on bibliographic review and normative, jurisprudential and principiological analysis of federal and constitutional legislation on the subject. We analyzed the emblematic decision of the Federal Supreme Court that generated the jurisprudential recognition of multiparentality and its reflexes through General Repercussion 622, enshrining the principle of affectivity, socio-affective parenting and the inexistence of hierarchy among the species of parenthood. The legal consequences of this recognition in the name, custody, right to visits, food, pension rights and succession of the child were also analyzed. In the research, it was demonstrated the principiological basis for the recognition of multiparentality, based on the 1988 Constitution, focusing on paternal / maternal / filial relations, especially on the explicit constitutional principles of dignity, equality among children, solidarity, pluralism of family entities, family freedom and the implicit principles of affectivity, free development of personality, social function of the family and socio-affective reality, so important for Contemporary Family Law; as well as the need to recognize all juridical reflexes related to membership, when it is in the best interest of the descendant.