Reconhecimento da parentalidade socioafetiva na via extrajudicial em face do provimento no 83/2019 da Corregedoria Nacional de Justiça

Abstract

The figure of the family in society has been undergoing mutations over time in order to embrace all modalities of existing family institutions, from this point of view, emphasis is given to the socio-affective family, which is established through ties that go beyond blood. Thus, it is up to the legal system to contribute to the protection of all forms of this institution, helping its recognition. Thus, the recognition of socio-affective parenthood in the extrajudicial way is analyzed in face of the provision no 83/2019 of the national justice system. In this perspective, to enter into the theme, the evolution of the socio-affective in the homeland legal system is described, in order to understand its origin in such a way that it then begins to analyze the requirements for the recognition of socio-affective parenthood in the extrajudicial way in the provision 63/2017 of the CNJ, and to proceed under the perspective of the analysis of a new provision, this being the provision 83/2019 of the CNJ and the changes it brought to the already existing provision, in order to bring more legal security to this recognition. The work is thus justified because it is a new and little explored issue, since these are recent provisions that seek to facilitate the process of recognition of socio-affective ties extrajudicially. In order to achieve the proposed objective, we opted for the exploratory research technique, using the hypothetical- deductive approach method.