Filiação socioafetiva: a valoração do vínculo afetivo diante da parentalidade biológica

Abstract

This monograph aims to address socio-affective affiliation as an overcoming of the biological bond in the guardianship of the family institute, highlighting the importance of paternal affection and its possible effects in the midst of various routine needs. The study analyzes the conceptual and legislative evolution of socio-affective affiliation, specifically the fundamental guarantees that the Civil Code allowed to add to the new family molds, as well as its relationship with the legal recognition of the contemporary family and the main legal issues involved in its practical application. Based on concrete examples, the research highlights the need for a more flexible, broad and inclusive model of filiation, which takes into account the fundamental role of affection and care in establishing and maintaining family ties, living up to the popular saying “father he is the one who creates”. It is noted that the analysis of the possibility of flexibility in the face of “the new way of living as a family” makes it possible to understand socio-affective affiliation as a democratic tool that enables people to build their families based on affection and make it official. In this way, in order to better develop the study based on these objectives and apprehend the proposed theme, the qualitative method of approach was used so that the complexity of the theme could be analyzed in greater depth, in addition to having an exploratory character. Subsequently, the research will denote a descriptive character, since it will describe the characteristics arising from the modern family and socio-affective affiliation. Bibliographical and documentary research was carried out based on already published materials such as books, articles and publications to build a broad theoretical framework based on authors such as Dias (2015), Tartuce (2018) and Lobo (2017), as well as to analyze the legislation relevant to the proposed topic.