SANTOS, Erica Daniela Alves de Almeida; NUNES, Rawel Maycon Silva; DUTRA, Fernando Henrique
Abstract:
This paper analyzes the inheritance rights of socio-affective children after the death
of a parent, considering their equivalence with biological children, granting the
individual parental ties that are not necessarily biological, but rather based on
coexistence, care, and affection. Despite advances, gaps remain regarding the
recognition of socio-affective filiation post mortem, which generates legal uncertainty
and inheritance controversies. In this context, the research seeks to understand the
rights of socio-affective children and how they are equated with biological children.
The methodology is qualitative, legally dogmatic in nature, and based on legislation,
doctrine, and case law. The study aims to contribute to the academic and legal
debate, reinforcing the importance of affection in Inheritance Law.