O sistema normativo brasileiro e a (im)possibilidade do reconhecimento da filiação socioafetiva post mortem

Abstract

Socio-affective affiliation has been gaining relevance in the Brazilian legal scenario, especially after the promulgation of the Federal Constitution in 1988, reflecting changes in family dynamics, in which bonds of affection are increasingly valued to the detriment of biological bonds. This course conclusion work aims to analyze the (im)possibility of recognizing post-mortem socio-affective affiliation in light of the Brazilian normative system, a topic that gains relevance with the evolution of family law. The delimitation of the study and the problem focus on investigating whether the Brazilian legal system allows the recognition of this form of filiation after the death of the parental figure. The specific objectives include historically describing family law and its guiding principles in the Brazilian legal system; explain the forms of filiation and kinship; verify socio-affective affiliation in Brazilian law and the (im)possibility of its post-mortem recognition, as well as the jurisprudential understanding on the subject. To achieve this, the deductive approach method is adopted, while the procedure is analytical-descriptive, with analysis of legislation, doctrine and understanding of the courts. The research technique used is the secondary source, given the analysis of the decisions and understandings of the courts, in addition to including bibliographical, documentary and legislative research, and also encompassing magazine articles. It is concluded that, although affectivity has gained space in the Brazilian legal system, the absence of specific regulation for post-mortem recognition generates legal uncertainty and controversies. Finally, the work defends the need for legislative advances to consolidate the recognition of socio-affective affiliation in all its forms, guaranteeing equality and justice to new family configurations.