Abstract:
In family law, family composition has been altered in the Brazilian society; besides
the patriarchal view, there are, nowadays, other family arrangements, such as
homoaffective family, polyaffective, single parent and others. Given the changes in
family structuring, the judiciary has acknowledged socio-affective parenting, which
does not lie only on biological bonds, but on the affectivity principle, that is,
socio-affective parenting comes from the affective bonding, companionship,
dedication and family routine. This achievement was an improvement to the Magna
Carta of 1988, which extinguished any and every distinction among biological,
socio-affective and adoptive children. Thus, the current legislation allows the
acknowledgement of socio-affective paternity/maternity, as well as highlights that the
socio-affective children have the same rights and duties as the biological ones. Under
this thought context, the present paper aims at contributing to the spreading of
knowledge over a present theme within the scope of the Brazilian judiciary system.
