Multiparentalidade e os reflexos no direito sucessório

Abstract

The article focuses on the deepening of a theme that generates a lot of discussion because there is no specific legislation about it; it is about multiparentality and the reflexes in Succession Law. The objective is to clarify what are the legal effects of multiparentality in succession law, issues such as the right to inheritance and also alimony. This research will be based on doctrines, jurisprudential understandings, articles and judgments, with emphasis on the hypothetical-deductive method. Still, in recent years, the concept of "family" has become very comprehensive, even giving rise to discussion about "who are father and mother? Is it who take care or who gave birth?", which directly influences the law of succession, because it alters what was considered the "pattern", that is, the blood ties, in this way, the affective ties, which are as important, emerge. The protection of multiparentality in Brazilian legislation pervades its legal nature, as well as that, in the absence of legislation, the Superior Courts act to give due attention in order to solve the struggles that will increasingly arise with the new concept of family.