A filiação socioafetiva e a previsão na legislação brasileira vinculada ao principio da afetividade

Abstract

The Socio-affective Affiliation that is present in the current social context, is a relevant factor, since it highlights the relationship of affection and love that permeates the blood ties in which it establishes as a base the one principle of affectivity. The meaning of family in contemporary times encompasses a range of concepts, and with a different aspect from that established as a norm through the ages, in this work we highlight the bonds that unite parents and children who do not descend biologically and conceived between the traditional couple. The doctrine and jurisprudence recognizes the right of succession as a necessary heir based on the equality of children established in the Federal Constitution and Civil Code. Affection goes beyond the consanguineous law, and also establishes aspects of socio-affective affiliation resulting from rights and duties. The capacity for love, affection and acceptance is linked together with the principle of affectivity. This principle is not tied only by the biological factor / bond, but is based on bonds of affective nature, blood ties are no longer exclusive in the concept of family and cover aspects permeated by affection and love. With this approach, aspects about the bond of affection and love become evident. The principle of affectivity is not restricted to blood ties only, the importance of the family in its different concepts is emphasized, being the basis for forming citizens with equal treatment and independent of the way the child (ren) are conceived.