A sucessão na multiparentalidade à luz da jurisprudência brasileira

Abstract

The Brazilian legal system has undergone paradigmatic changes over the years, such as the advent of the 1988 Constitution, from wich the implicit principle of affection was extracted, wich brought about significant changes in the concept of family, transferring the patrimonialist perspective of the Civil Code of 1916 to another one focused on to individuals part of the family arrangements. However, the legislation is not able to satisfactorily follow the changes that happen in our society, which ended up, in 2002, resulting in an outdated Civil Code. It is in this scenario that, in 2016, the Supreme Federal Court recognized the concomitance of biological and socio-affective affiliation, in an institute known as multiparenting, unifying the jurisprudence that already acted in the same sense before the emblematic judgment of the General Repercussion Thesis nº 622, and that has been acting nowadays to affirm the juridical possibility of the patrimonial effects, as the succession, that result from it.