A possibilidade jurídica da exclusão da paternidade/maternidade em razão do abandono afetivo

Abstract

This paper analyzes the legal possibility of excluding patronymic names from the civil registry, addressing its legal, doctrinal and jurisprudential basis. The first chapter explores family structures after the 1988 Constitution, emphasizing the evolution of family forms and the recognition of affective families. The analysis of the principle of responsible paternity and the implications of the loss of parental authority are discussed in the second chapter, with emphasis on emotional abandonment and its legal consequences. The third chapter examines personality rights and the right to one's own name, addressing the definition of personality rights, the legal nature of the civil name and the importance of civil registration in guaranteeing the right to one's name. Finally, the fourth chapter deals with the removal of patronymic names, analyzing the evolution of the principle of immutability of the civil name with Law No. 14,382/22, the legality of excluding patronymic names in the context of Brazilian legislation and the succession impacts resulting from this exclusion, especially in cases of emotional abandonment. The research concludes that, although there is no specific legislation on patronymic exclusion, case law has recognized this possibility in exceptional circumstances, considering the rights and interests of all parties involved. The work aims to contribute to the discussion on the relevance of the right to a name and the legal implications of patronymic exclusion in the context of new family structures.