A AFETIVIDADE COMO ALICERCE DO DIREITO DE FAMÍLIA CONTEMPORÂNEO: análise sob o viés da multiparentalidade e da parentalidade socioafetiva

Abstract

It is a legal monograph whose problem lies in examining the legal feasibility of multi parenting and socio-affective parenting, a subject that has most aroused the interest of doctrine and jurisprudence in recent times. The bibliographic research was based on doctrines, legislation, legal articles, websites and updated jurisprudence relevant to the topic. Divided into three parts, at first it outlines the guiding principles of family law. It describes the principle of human dignity and other correlates of the paternal-filial relationship, with emphasis on the principle of affection. The second part presents the guidelines for voluntary and judicial recognition of children. The third part shows the problem of the study. It examines the elements necessary for the configuration of the possession of a child's status and socio-affective parenting, as well as the (im)possibility of its deconstitution. In the end, it analyzes the contours of multi parenthood, its chronological acceptance by the judiciary and how it has positioned itself before and after the General Repercussion thesis signed by the Federal Supreme Court in 2016. The hypothetical-deductive method was used to approach the theme.