THE 1988 FEDERAL CONSTITUTION AND THE DEBIOLOGIZATION OF FAMILY RELATIONS: A CRITICAL ANALYSIS OF OVERCOMING THE PARADIGM OF DISCRIMINATION BASED ON BLOOD TIES

Abstract

This article aims to analyze the legal recognition of socio-affective paternity and maternity under Brazilian law. The 1988 Federal Constitution introduced a paradigm shift by moving away from the primacy of biological ties in family law, emphasizing affection, human dignity, and the best interests of the child and adolescent. Based on theoretical and bibliographic research, developed through the deductive method and dialectical interpretation, the study examines affiliation bonds from the perspective of socio-affectivity and multiparentality, exploring the interaction between biological and socio-affective filiation. Books, legal journals, and case law from the Federal Supreme Court, the Superior Court of Justice, and the Court of Justice of Tocantins were analyzed to identify the normative and jurisprudential frameworks that shape the subject. The study concludes that the recognition of socio-affective paternity contributes to consolidating a pluralistic family model grounded in dignity and equality among children, regardless of the origin of filiation.