Os efeitos jurídicos advindos do reconhecimento da Coexistência da filiação socioafetiva e biológica

Abstract

This monography aims to analyze the legal effects resulting from the coexistence of socio-affective and biological parentage, particularly after the establishment of Precedent n.º 622 by the STF, which equated socio-affective parentage with biological and adoptive parentage, stating: "Socio-affective paternity, whether declared or not in a public registry, does not prevent the recognition of the concomitant filial bond based on biological origin, with its own legal effects." Therefore, this work sought to analyze the legal implications arising from the recognition of this dual parentage, addressing the current forms of recognition of socio-affective parentage, as well as the possibility of its nullification, the context of multiparenting, and the positions and divergences in doctrine and case law on the subject, especially regarding succession. To achieve this, a deductive approach was used, analyzing arguments, observations, premises, and general cases to arrive at a specific conclusion on the topic. The research methods employed were historical and monographic. The former was used to demonstrate the evolution of Family Law in Brazil regarding parentage, while the latter was employed to analyze cases of socio-affective parentage and identify the general characteristics present in this type of relationship, as well as to examine the positions of doctrine and case law regarding the accumulation of socio-affective and biological parentage and the resulting consequences and reflections. Regarding research techniques, bibliographic and documentary research were used.