A multiparentalidade advinda da socioafetividade: sentimentos e ideais que alicerçam as famílias e os reflexos jurídicos no ordenamento pátrio

Abstract

Over the centuries, the family institute has undergone many transformations in its construction due to the changes of ideological principles that govern society in time and space. In recent years, in particular, there has been a major reform with the change of axis, in which family power passes from the total domination of the male figure to a state of solidarity and equality among the other members of the family, new family models emerged, where love and the pursuit of happiness become highlights. In addition, the current Brazilian legal system does not establish what is family, leaving the task to the interpreter. It is in this context that the recognition of a long-standing practice emerges: the socio-affectivity, which fosters the birth of multiparentality. Both institutes are not expressly mentioned by any legal diploma, but their foundations are based on several constitutional principles. However, far beyond Family Law, the institute creates rights and duties in various branches of law. And it is based on these parameters that this work intends to analyze the acceptance of the multiparentality by the doctrine and the jurisprudence and the legal effects caused by it.