SOCIO-AFFECTIVE PATERNITY: RECOGNITION AND ITS LEGAL CONSEQUENCES

Abstract

The Brazilian Constitution includes family plurality, that is, various family formations. Among this variety is socio-affective paternity, which removes the idea of ​​a filiative status that does not arise from consanguinity. This institute brings with it a change in the ideology of the filiative status, demonstrating that the father/son relationship is not strictly linked to the transmission of genes. In view of this scenario, the present study aimed to analyze socio-affective paternity from a social and family perspective. In addition to its analysis, its legal recognition will also be observed. The methodology was based on a literature review, based on scientific articles, books, periodicals, current legislation and case law on the subject. Data collection will be carried out through databases such as Scielo, Google Scholar, among others, from 2018 to 2024. The results clearly show that within the Brazilian legal system, the family formed by socioaffective paternity initially finds support in the Federal Constitution of 1988, which covers family formations. In addition, it is possible to find support in the Statute of Children and Adolescents and in Law 8,560/92, among other regulations. Socioaffective paternity is characterized by three elements: publicity, continuity, and the absence of equivocation in the relationship between father and child. Case law has remained favorable to the recognition of socioaffective paternity, as long as the requirements required by law are met and the due relationship is externalized.