DO VÍNCULO SOCIOAFETIVO: EFEITOS NO DIREITO CIVIL.

Abstract

Socio-affective filiation has been consolidated in Brazilian family law as an expression of the value placed on affection in legal relationships, breaking with the traditional view focused exclusively on biological ties. This advance has also enabled the recognition of multiple parenthood, allowing biological and socio-affective ties to coexist in civil registration, guaranteeing children and adolescents rights such as alimony, inheritance, postmortem pension, and family identity. Case law, especially decisions by the Federal Supreme Court and the Superior Court of Justice, has played a central role in this process, recognizing the prevalence of affection as a legal element for the protection of human dignity and the best interests of the child. However, challenges remain, such as the need for greater legal certainty in matters related to succession, custody, and child support obligations in the face of multiple parents. Post-mortem filiation, in turn, adds to this complexity, as it generates ex tunc effects that impact inventories and distributions, which may require the reopening of already finalized proceedings. Despite these difficulties, the outlook is promising, as multiparentality reflects the evolution of society and the legal system in protecting family diversity. Finally, socio-affective filiation and multiparentality are essential instruments for ensuring equality, justice, and recognition of the various forms of family constitution, and legislative progress is indispensable to keep pace with doctrinal and jurisprudential developments. It should be noted that, for the preparation of this study, exploratory and descriptive research was adopted as the methodological design, using a qualitative method, combining bibliographic and documentary research and jurisprudential analysis.