Dupla paternidade e seus efeitos sucessórios no Ordenamento Jurídico Brasileiro

Abstract

t verifies the analysis of the recognition of multiparenting in the legal scope and of the effects resulting from such an institute, mainly in Succession Law. In view of the present, the research originates with the evolution of the concept of family over the years, which ceased to be constituted only with a man and a woman for the purpose of procreation and became based on affective approaches between its members, possible to overcome the biological bond. The specific study of the effects resulting from the recognition of this institute in the scope of succession was also analyzed. That is, the objective is to understand the legal consequences of multi-parenting and to verify the (in) sufficiency of the current legislation to define the procedure to be followed in the sharing of inheritance in multi-parent families. It is concluded that there is a fear of the enforcers of the law to avoid the use of socio-affective affiliation as a means of obtaining economic advantages. However, it is understood that if there is affiliation, how many and from any source, there is the right of succession of the descendant, otherwise, there would be a great offense to the fundamental right of inheritance, as well as to the principle of isonomy of children, both of the Federal Constitution of 1988. The study reveals itself to be theoretical, of the conceptual type, presenting the concept of double paternity as a studied category. The sources used were the national infraconstitutional legislation, the jurisprudence and reference doctrine, expressed through scientific articles and books on the subject discussed here. Keywords: Socio-affectivity. Multiparenting. Succession.