IMPACTOS E DESAFIOS DO RECONHECIMENTO DA FILIAÇÃO SOCIOAFETIVA NO DIREITO BRASILEIRO

Abstract

Social relations are constantly evolving, and this change is especially noticeable in the concept of family, which is no longer limited to blood ties between individuals. The family model, which for several generations was based on blood ties as a requirement for legitimacy, now has new characteristics. Since the family is considered one of the pillars of society, and traditionally understood in Brazil as the greatest asset to be protected, the relevance of studying this topic is clear. In the legal sphere, affectivity has become a subject of controversy, being recognized as an essential element in the characterization of the family, superseding other criteria. Thus, the objective of this research is to analyze issues related to socio-affective filiation, highlighting the legal transformations over time and the possibility of dissolving the affective bond. Discussing the topic provides greater clarity on changes in family composition and on the possibility of establishing, recognizing, and eventually legally dissolving socioaffective filiation. The methodology used was a literature review, that is, an analysis of academic works on the proposed topic, such as books, theses, dissertations, articles, among others. The research achieved the desired result, as it demonstrated that the recognition of socio-affective filiation is indispensable for the adaptation of the law to social changes, but clearer legal regulations are necessary to avoid contradictions, reduce the risk of fraud, and strengthen the protection of family bonds based on affection.