O reconhecimento da filiação socioafetiva e o direito sucessório no Brasil.

Abstract

This monographic work focuses on investigating the viability of inheritance law in cases of children arising from socio-affective recognition in light of the legislation and understandings of the Brazilian Courts, and aims to understand the succession effects of the recognition of socio-affective affiliation in Brazil. In these terms, the question is: Given the legislation and understanding of the Courts, what are the succession effects of the recognition of socio-affective affiliation in Brazil? The approach method used is the deductive method, which starts from general rules (family law, filiation, inheritance law) for application in a specific and particular situation (socio-affective affiliation). The study of this topic is of fundamental importance, given that over the years there have been many changes in the understanding of what family is and how it was formed. Today, we understand that the family can also be formed based on affection, which has made it possible to recognize socio-affective families. Socio-affective children, recognized throughout life, or post-mortem, have the same rights as biological children, due to the principle of equality, which made this guarantee possible for socio-affective children, as well as other forms of affiliation.