A multiparentalidade e seus reflexos no direito sucessório brasileiro: desafios e perspectivas

Abstract

Multiparenthood is a legal and social phenomenon that has provoked relevant reflections in the field of Family Law, especially in Brazilian Inheritance Law, given that there is no legal provision that regulates the effects of its recognition. This paper aims to analyze the impacts of multiparenthood on hereditary succession, especially regarding the division of assets between heirs from different parental relationships. The research is the result of a bibliographic review and documentary analysis, focusing on legislation, case law, and doctrine that deal with the subject. Initially, an approach was made on the transformations in the concept of family after the Federal Constitution of 1988, highlighting the valorization of affection as a formative element of family legal relationships. Subsequently, the legal foundations that support the recognition of multiparenthood are explored, based on principles such as human dignity, the best interests of children and adolescents, and equality between children. The paper also examines the impact of this institution on the field of inheritance, demonstrating that the coexistence of multiple parental ties challenges the traditional normative structure, requiring a broader interpretation of the current rules. Finally, the need for legislative adaptation and the contribution of doctrine and jurisprudence in the consolidation of solutions that promote justice and legal certainty are discussed. Thus, it is concluded that multi-parenthood must be fully recognized by Inheritance Law, in order to guarantee equity and respect for the reality of new family configurations.