A MULTIPARENTALIDADE E O ORDENAMENTO JURÍDICO BRASILEIRO

Abstract

The present paper aims to answer the following question: Is it possible to double membership in the civil registry and what are the principles that guarantee its legitimacy? The article brings information based on doctrinal and jurisprudential researches, as well as case analysis demonstrating the innovation of such an institute, which every day has guaranteed the valuation of affective relations. It is observed that the decisions that recognize such an institute and its legitimation have effects in the legal world. The double affiliation is not supported by the Public Registers Act, but within the judicial decisions has gained possibility, that is, the presence of the name of the biological and affective parents in the same document, using the principles of the dignity of the human person, the principle of the plurality of family entities, the principle of social regression, the principle of affectivity, the principle of the best interest of the minor, and the principle of socio-affective reality.