Filhos do coração: o reconhecimento jurídico da multiparentalidade nas famílias neoconfiguradas no Brasil
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Date
2015-10-21
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Universidade Católica do Salvador
Abstract
This paper aims to examine the possibility of recognizing the multiparenting in families formed by marriage or the common-law marriage with children of one or both members of the couple, from previously broken links, here called newoconfigurated families. These families gained visibility in the 2010 Census, conducted by the Brazilian Institute of Geography and Statistics - IBGE, which, for the first time, pointed his existence and social relevance. The coexistence in the family environment, which is reconstructed on the pains and marks from previous relationships can bring to fruition a sense of parenting that overlaps the biology and transforms people involved in "parent-child heart." The constitutional interpretation that develops this work recognizes the affection as na element of parental bonds able to determine the state of soci-affective filiation and as a legal principle of constitutional order promoting human dignity and determining the kinship constitution, by the art. 1593 of the Civil Code of 2002. The thesis proposal is that is possible the recognition and production from all the legal consequences of multiparenting in newconfigurated families, through the interpretation of the Constitution, the family context in contemporary plural society and paradigmatic changes verified with regard to kinship and affiliation, in Brazilian law from the Constitution of 1988. The interpretation of the affection principle in conjunction with the s of freedom, equality, solidarity, prevalence of child's best interest and adolescents, legal certainty principles allows the understanding that it is possible that a person may have recognized the paternal or maternal multiplicity, in the civil registry. In the national legal literature, the prevailing understanding that can be co-relatives by another source (socio-affective), the relations established between biological parents, stepfathers, stepmothers and stepchildren, in neewconfigurate families. State Courts of Justice have been manifesting in order to host the multiparentanting in cases of “brasilian adoption mode”, heterologous artificial reproduction and adoption by homosexual couples. In cases where stepparents wish to share parenting with parents and Biologycal mothers, some judgments attach charges to the stepfather or stepmother, such as custody of her stepchildren, as well as the right to food to the child's spouse or partner and It is admitting, on behalf of the principle of solidarity, the right to visits. However, the lack of legal studies and the absence of specific legal treatment of the subject justifies the weigh-quisa. For the development work, we used the deductive method with a qualitative approach, with the techniques, the literature review, legislative and judicial, to es-proaches relations of parenting that are established in newconfigurated families, enabling environment for manifestations of affection and solidarity which go beyond the bonds of consanguininess. The conclusion is that after checking the state of affiliation between stepfathers, stepmothers and stepchildren without distortion of biological parenting we must recognize the multipa-rentalidade and the legal effects resulting therefrom
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Direito de família, Família neoconfigurada, Filiação socioafetiva, Princípio da afetividade, Multiparentalidade, Familiy law, Newconfigurated families, Socio-affection affiliation, Affective pronciple, Multiparenting