Pai biológico e socioafetivo : a dupla paternidade e o afeto como valor constitucional.

Abstract

The present monographic work analyzes biological and socio-affective paternity, aiming to demonstrate affection as a constitutional value. Therefore, it intends to study and discuss the protection of affection in families and understand the importance of affection in fatherhood and whether there is a possibility to force the parent to give affection. It also aims to verify if affection has constitutional value and greatly influences the concepts and views of family law, especially the relationship between the biological and socio-affective father. The methods adopted to perform this work were deductive and hermeneutic and the selected methodology was bibliographic research. A historical approach of the concept of family, its types and its constitutional principles were outlined. The general concept of affiliation was also analyzed, including the study of children’s recognition, the possession of an offspring status, the presumption pater is est and socio-affective affiliation. From this perspective, it sought a broad approach about affection and also its incidence among paternities, always referring to the value of affection. The study of the theme is of fundamental importance, since affection as a constitutional value in families is the most important bond, for it defines love, regardless of whether it comes from socio-affective or biological paternity, both ties are of paramount importance for the constitutional protection of the family entity. Thus, to understand and recognize socio-affective affiliation, based on the bond of affection, is to understand the magnitude of the family’s protection in the legislation, which is based in the Constitutional ideals, which inscribes the protection of the value of affection, which has importance vital for the formation of the good citizen with a view to happiness and mutual respect.