Aspectos constitucionais e processuais do exame de paternidade e de ascendência genética ante o fenômeno da socioafetividade

Abstract

The evolution of science, observed in the second half of the 20th century and beginning of the 21st century, regarding the understanding of the physiological constitution of the human being, revealed important effects on social relations. Affiliation was legally characterized until the Federal Constitution of 1988 with various discriminatory epithets such as "legitimate", "illegitimate", "natural", "adoptive" or "adulterous" depending on their origin, a characterization that was justified by historical, sociological or religious factors. Not unlike the social transformations, the Law was also the target of a necessary evolution for the solution of disputes involving the investigation of paternity and of genetic ascendancy, which goes back to the analysis of the Habeas Corpus trial 71373 by the Federal Supreme Court. Consequently, in actions for paternity investigation, in which the complainant seeks the recognition of the affiliation or the need for it to establish its genetic ancestry, for the sake of safeguarding its own health, often fundamental rights of both parties are counterpoised through submission of the alleged father to genetic tests.