A importância da socioafetividade nas ações de filiação segundo a jurisprudência do Superior Tribunal de Justiça

Abstract

The western family has undergone structural changes. In Brazil, some of these changes were recognized by the Constitution of 1988, operating a real conceptual turn in the institute. Nowadays, the family is seen as a place of rest and adequate to promote the dignity of its members. Concerning this aspect, marital relations and those of coexistence incorporated adjustments, as well as the relationships between parents and children. The fatherly rights no longer prevail in the family, but the family power and the principle of equality among children. The criteria determining the parentage has expanded, losing the purely biological factor. The parentage from another source, that is coyly referred to in the article 1593 of the Civil Code of 2002, gained strength among doctrine and jurisprudence, so that parentage is determined predominantly from the socio-emotional link between the members of the family. The affective relationship that is built day-by-day is therefore important to produce legal effects. In this environment in which the affection is an outstanding factor, discussions pertaining to the actions of state are renewed, intending to verify the possibility of (dis)formation of affective bonding and prevalence of the genetic factor.