A evolução da parentalidade no direito brasileiro: posicionamento atual do STF sobre a concomitância de paternidades e suas consequências

Abstract

The present study, with basic nature, illustrative character, qualitative approach and essentially bibliographic procedure has as objective to study the parenting and its arrangements, addressing, in particular, the multi-parenting and its recognition by the Supreme Court. Preceding such analysis, will be addressed the conceptual history of family and membership, in which the character patriarchal predominated in family relationships. With the "Citizen" Constitution, principles which dignify the human person gave space for recognition of affiliations without discrimination and new family arrangements. Despite the advancement in the legal system, this still struggle to keep pace with the new social facts that arise in new family arrangements. Recently, was what happened with the controversy of who should prevail, if the biological paternity or socio-affective. The Supreme Court, in September of 2016, in general repercussion, recognized the possibility of concomitance of paternities for an individual, may have on your civil registry two or more parents (and/or two or more mothers). The legal effects are not restricted to the registry modification, but also to payment of alimony, the right of succession, among others. From such recognition, all Brazilian courts should judge based on this thesis. This represents an advance in family law, because consecrate socio-affectivity not removing the parental responsibility of the biological bond, although lead to difficulties in the practice of law, such as whether or not the judicialization for recordal of the civil registry