Os principais impactos do reconhecimento da paternidade e maternidade socioafetiva no registro civil

Abstract

This paper seeks to analyze the main impacts brought by the voluntary recognition of paternity and / or social maternity in the Civil Registry Office of Natural Persons independently of a judicial process, according to the advent of Provision No. 63 of November 14, 2017, by the National Council of Justice, in particular as regards maintenance obligations and inheritance law. The Federal Constitution of 1988 inaugurated the principle of equality between children, as well as the dignity of the human person, which contributed to the recognition of socio-affective affiliation. In addition, the Civil Code of 2002, by providing for the existence of kinship by another origin, gave the possibility of the socio-affective affiliation to be a family entity. In addition, the Child and Adolescent Statute brought the principle of the best interests of the child, which also ensured equal treatment among children. In this context, based on a doctrinal and jurisprudential study, we sought to demonstrate how the legal system assimilates this new family formation.