THE POSSIBILITY OF SOCIO-AFFECTIVE AFFILIATION BY BIOLOGICAL GRANDPARENTS IN BRAZIL

Abstract

This article aims to analyze the legal possibility of biological grandparents being recognized as socio-affective parents of their biological grandchildren. The synthesis is that the Brazilian legal system allows the establishment of this family arrangement thanks to the phenomenon of multiparentality, which involves the simultaneity of biological and social bonds. This arrangement ensures the right to family formation based on the principle of affectivity and the eudaimonistic conception of civil-constitutional law. The methodology employed is qualitative, involving a survey of bibliographic and documentary research. The discussions encompass the distinction between biological, socio-affective, and adoptive filiation; the evaluation of the topic by Brazilian courts; and the debates that arise, focusing on family law and succession law.