Multiparentalidade e paternidade socioafetiva: os novos arranjos familiares e os seus efeitos jurídicos

Abstract

Faced with social transformations, there is the emergence of new phenomena in the legal field, such as multiparenting, which presupposes the possibility of joint recognition of biological and affective paternity. The general objective of the investigation is to analyze the legal effects of the multiparenting institute in Brazil. The specific objectives are: to present the historical and legislative aspects of the family entity conception and its implications; describe the constitution of the new family arrangements, within the understanding presented by the Federal Constitution of 1988, especially about the reconstituted families; discuss about sonship and ways of recognizing children; discuss the institute of multiparenting from the case law of the country. For the development of this study the qualitative approach was used, as for the objectives, the exploratory research was chosen and, as for the procedures, the bibliographical research was adopted, based on the theoretical contributions of Dias (2015), Venosa (2013), Farias and Rosenvald (2017), Madaleno (2017), among other indoctrinators. It was found that, based on the principle of human dignity and the best interests of children and adolescents, the coexistence of affective and biological parental bonds is perfectly viable. The absence of multiparenting in legal provision should not be an obstacle to its recognition, but should be the subject of discussion so that such an institute can be regulated ensuring legal certainty for those who need the recognition of double parenting.