AFFECTION AS A NEW ASSET: LEGAL IMPLICATIONS OF SOCIO-AFFECTIVE PATERNITY

Abstract

The legal recognition of socio-affective paternity constitutes one of the most significant transformations in contemporary Family Law, expanding the concept of filiation beyond biological ties. In this context, the obligation to provide alimony has been extended to relationships founded on coexistence and affection, allowing individuals who have assumed parental roles to be held responsible for alimony payments even in the absence of blood ties. This study analyzes the phenomenon of the patrimonialization of affection resulting from this legal recognition, investigating its legal implications and social effects within the Brazilian legal system. The research adopts a qualitative approach of a dogmatic-legal nature, based on legislative, doctrinal, and jurisprudential analysis, especially from the interpretation of Article 1.593 of the Brazilian Civil Code, Statement 103 of the CJF/STJ, and Topic 622 of the Federal Supreme Court. The analysis demonstrates that although the extension of patrimonial effects to socio-affective filiation represents an important mechanism for protecting children and adolescents inserted in families formed through coexistence, it also raises relevant challenges, such as the patrimonialization of affective relationships, legal uncertainty resulting from the absence of objective criteria, and the increasing judicialization of family relationships. It is concluded that the development of clearer interpretative parameters—particularly regarding the voluntariness in assuming the parental bond, proportionality in defining patrimonial obligations, and the prohibition of unjust enrichment—is essential to balance the protection of genuine family bonds with the preservation of the spontaneity of affective relationships.