AFFECTIVITY AND SUCCESSION: THE RIGHT OF GRANDPARENTS TO ALLOCATE INHERITANCE TO GRANDCHILDREN RAISED UNDER THEIR CUSTODY

Abstract

This article proposes an analysis of the growing appreciation of the principle of affection within the scope of Brazilian inheritance law, especially in the context of grandparents who raise their grandchildren as children. Based on recent decisions of the Superior Court of Justice (STJ), the legal feasibility of recognizing socio-affective affiliation between grandparents and grandchildren of legal age stands out, even in the presence of biological parents in the civil registry. This perspective allows grandparents to dispose of their inheritance in favor of grandchildren raised under their care, reflecting the emotional reality experienced. The present study examines the legal and jurisprudential foundations that legitimize this practice, highlighting the importance of affection as a constitutive element of family relationships and its influence on asset distribution. To carry out this analysis, a qualitative approach was adopted, based on bibliographical research and the analysis of scientific productions and current legislation, duly referenced throughout the work.