O reconhecimento da paternidade socioafetiva Post Mortem

Abstract

The purpose of this article is to demonstrate the evolutions that have taken place and have transformed civil law in the family sphere. Through this, the possibility of post mortem socio-affective recognition in our legal system will be presented, based on article 1.593 of the Civil Code, as well as the impact that this change had when applied in our society. In the course of this work, it will be discussed the fact that socio-affective children, that is, recognized based on affective and emotional bonds, should be treated at the same level of equality under the provisions of rights and duties in comparison with biological children, aiming at the constitutional principles of equality that uphold the rights of human dignity. In this line of thought, the relevance of the article is to demonstrate how these changes occurred in the Brazilian family, and how this recognition was taking place and today, doctrines and jurisprudence, apply in current law the different forms of recognition of paternity in addition to biological as was solely predicted. Thus, under the light of constitutional principles as well as the transformations carried out in our civil code, the main objective of the article is to discuss about post mortem socio-affective recognition and its application in our legal system. From this perspective, this work will be developed by descriptive methodology using the deductive method, and will demonstrate the recognition of post mortem socio-affective paternity, as well as the legal impacts in cases involving it.