Obrigação de alimentos: análise dos efeitos em casos de pais socioafetivos

Abstract

This work aims to study an analysis of the criteria used to determine to whom the responsibility for payments from child support is due in cases of socio-affective parents, as well as to analyze to whom belongs the obligation to pay child support in cases of divorce. socio-affective parents. The concept and guiding principles of family law will also be explained, as well as the order of the obligation to feed, explaining the concept of multiparenting and its inclusion in the legal system. As for the methodology used, a bibliographical and documentary analysis was carried out, using the inductive method and by means of deduction, to perceive the predominant thinking in the decisions that occurred in the cases in higher courts Supreme Federal Court and Superior Court of Justice. As main results, it is seen that the recognition of the mentioned institute is subject of heated discussions. In any case, it was concluded that the higher courts remain attached to the apportionment of the alimony amount. Anyway, it seems a position about to gain new directions in the scope of the Federal Supreme Court, due to the project Law nº. 5041/16 that regulates children's rights by socio-affective link. Keywords: Multiparenting. Family right. Socio-affective. Foods. Accountability