Parentes afetivos nas famílias recompostas: a consolidação jurídica da socioafetividade e da multiparentalidade

Abstract

The concept of family within the Brazilian legal framework has undergone significant transformations, moving beyond the patriarchal and biological model established by the 1916 Civil Code. With the 1988 Federal Constitution and the 2002 Civil Code, affection has assumed a central role in the family structure, thereby legitimizing new arrangements, such as reconstituted families. In this context, stepmothers and stepfathers, as affective relatives, take on relevant parental functions, even without a biological or formal bond. Given this scenario, this research seeks to answer how Family Law has contributed to the legal and affective recognition of socio-affective relatives within reconstituted families, in light of the transformation of traditional family models. The main objective is to analyze the legal and social trajectory that led to the valorization of affective parenthood, focusing on the consolidation of multiparentality as a legitimate response to the diversity of contemporary family structures. The methodology is qualitative, based on a bibliographical and documentary review of authors such as Fachin (2018), Dias (2021), and Lôbo (2024), and an analysis of legal provisions, including the 1988 Constitution, the 2002 Civil Code, and CNJ Provision No. 83/2019. The results indicate that, despite jurisprudential advances, Brazilian legislation still faces challenges in the formal and clear recognition of the rights of these affective relatives. It is concluded that valuing socio-affective bonds is essential to ensure the full protection of minors, reinforcing the importance of a plural and diverse family life, in line with the principles of human dignity and affectivity.