EVOLUTION OF FAMILY LAW: THE EMERGENCE OF MULTIPARENTALITY AS A NEW MODE OF FAMILY ARRANGEMENT IN THE SCOPE OF BRAZILIAN JUSTICE

Abstract

The purpose of the present work is, based on the analysis of doctrine and jurisprudence, to analyze the legal possibility of multiparenthood, based on the socio-affective aspect on which it is based. For this, a historical context of family law is brought in order to elucidate the advances in which society has passed, thus allowing, from the influence of the greater norm of 1988, that new family arrangements can coexist, since the concept of family is something wide nowadays. Then, as a key object of this study, aspects of multiparenting will be addressed with regard to its application in the concrete case, with relevance in the possession of a child status, as well as in relation to the intrinsic objective of the individual who judicially seeks the application of multiparenting. whether for affective or merely patrimonial reasons, so that the analysis by the judging body needs to be carefully observed in order to curb the distortion of the institute. Finally, with the effect of the phenomenon of extrajudicialization, the legal possibility of extrajudicial recognition of multiple registration will be briefly elucidated, in order to make the process faster, provided that the regulatory requirements are observed.