GUARANTEE OF INHERITANCE RIGHT IN SOCIO-AFFECTIVE AFFILIATION: RECOGNITION OF TIES OF AFFECTION AND COEXISTENCE IN PROTECTION OF FAMILY RIGHTS

Abstract

The purpose of this article is to analyze the legislation that promotes the guarantee of inheritance law in socio-affective affiliation. Historically, affiliation was strictly determined by biological means, based on blood ties. However, in recent decades, there has been an increasing recognition of affective and socio-affective bonds in the constitution of families. The applied methodology was in the form of a descriptive research, according to the nature of the research, this reveals itself as a basic research, with the purpose of generating new knowledge, contributing to the advancement of science. The technical procedures of the research, on the other hand, are configured as a bibliographical research that constitutes a collection of data from materials already published, such as: books, newspapers, magazines and articles. With regard to data analysis, it will be based on coherence. In the succession context, recognition of socio-affective affiliation can also influence the sharing of assets and rights, even after the death of the socio-affective parent. The recognition of socio-affective affiliation and its legal effects are significant advances in Brazilian family law, as they strengthen, on the one hand, the importance of affection and, on the other, emotional ties in the family composition. Assuring rights and duties to socio-affective sons and daughters contributes, in a unique way, to a more inclusive and humanitarian society, which values the bonds built based on love and mutual consideration.