Filiação socioafetiva e seus reflexos na sucessão causa mortis

Abstract

Over the years, the sociological concept of family has undergone several changes which have imposed the acceptance of a new criterion of filiation, the socio-affectivity. Socio-affectivity, manifested by the exercise of parenting, and recognized in the social environment, has ecome a shaping element of family structures, without, however, the necessary legal regulation. This new criterion of filiation brought important reflexes for the different areas of Law, especially for the Inheritance Law. The main objective of the present research is to provide a critical tudy of the admission of socio-affection as a criterion of filiation and of the multi-parenting that is a direct result of the socio-affection criterion and its reflexes for the Inheritance Law, to verify how it has been and how it can be legally valued. In the conclusion, it is proposed criteria to resolve the problem related to the practical application by the Courts of socio-affection as a criterion of filiation, especially considering the absence of law capable of regulating the rights and obligations related to the family structures created by this new criterion. The conclusions in this research were obtained from the evaluation of Courts’ decisions, combined with the analysis of doctrine, current legislation, and the General Principles of Law