O reconhecimento do vínculo socioafetivo pós-mortem e suas implicações no direito sucessório

Abstract

This article aims to analyze the recognition of post-mortem socio-affective filiation in the Brazilian legal system and its effects on Succession Law. It is based on the understanding that the contemporary family is no longer restricted to biological or formal ties, being increasingly structured on affection, coexistence, and the responsible exercise of parenthood. Although there is no specific legal regulation regarding the recognition of socio-affective filiation after the death of the parent, Brazilian jurisprudence—especially from the Federal Supreme Court and the Superior Court of Justice—has admitted this possibility based on the constitutional principles of human dignity, equality among children, and the best interests of the child and adolescent. The research examines the evidentiary elements required for the recognition of post-mortem socio-affective bonds, particularly the possession of the status of a child, and analyzes the patrimonial effects resulting from such recognition, especially in the context of inheritance law, including the retroactivity of hereditary rights, the status of a forced heir, the inheritance claim action, and the revision of estate partition. Finally, the study addresses the need for judicial balancing between the effectiveness of affective family ties and the preservation of legal certainty, concluding that post-mortem recognition of socio-affective filiation is legally possible and produces relevant succession effects, provided that the limits imposed by the specific case are observed.