MULTIPARENTALIDADE E RECONHECIMENTO POST MORTEM: O AFETO COMO ELEMENTO NA NOVA CONSTITUIÇÃO FAMILIAR E DIREITO A HERANÇA

Abstract

The present work, inserted in Family and Succession Law, intends to analyze the real belonging of the family power in modern family relationships, highlighting affection as a prism in the relationship between parents and children and authentication to have the right to inheritance, as well as recognition very personal of the posthumous socioaffectiveness of his son's factual state. It is noteworthy that this theme is contemporary and thinned out by doctrinal formations, not to mention the lack of relevant legislation. In view of this, the bibliographic exploration in physical and electronic media is used as a methodology, in shelves of monographs, legal journals and articles that are mirrored in literature and doctrine committed to the theme, and, however small, the constitutional principles and the jurisprudence of the Brazilian superior courts. This course completion work has an imperative experiential relevance for the first author, as she is a socio-affective daughter. It ends with the conclusion that, even without defined parameters, the recognition of the status of a child after death is perfectly appropriate, provided that it follows the procedural process of recognition and has satisfactory proof of its status as a child due to affection and guaranteeing their right to inheritance