Configuração da multiparentalidade: análise jurídica do reconhecimento de filiação socioafetiva e biológica

Abstract

Family protection has always been a priority for the State, recognizing it as the first social group. Although the family institution is constantly evolving, it maintains its importance in society, especially in light of new family formats. With the Federal Constitution of 1988, Family Law underwent significant transformations, reflecting new socio-affective realities. The recognition of affection in family relationships has become central to filiation, redefining the traditional family model as a group united by affective coexistence. In this sense, the objective is to analyze the evolution of the family institution, including the insertion of new family units and the incorporation of constitutional principles from the democratic Constitution of 1988, until reaching the recognition of socio-affective filiation, in addition to understanding the legal means currently used to deal with the phenomenon of multi-parenthood and whether these are sufficient to support the coexistence of filiations and their legal effects. The work is divided into five chapters, beginning with a history of family arrangements and the evolution of the family institution after 1988. The second chapter discusses the importance of affection in filiation and the introduction of multi-parenthood. The third investigates the constitutional principles that support multi-parenthood and its relationship with fundamental rights. The fourth chapter analyzes judicial decisions on biological and affective filiation, highlighting Law No. 11,924/2009 and Extraordinary Appeal No. 898,060 of the STF. The methodology includes a qualitative approach, with analysis of the Constitution, bibliographic study of doctrines and legislation, in addition to the analysis of relevant case law.