A multiparentalidade e o direito à herança: uma análise à luz da constitucionalização do direito das famílias

Abstract

The institute of multiparentality and its legal effects are analyzed, especially the inheritance law. In order to do so, we investigate the historical evolution of the family, in addition to the constitutional principles that allow the recognition of affiliations built from social reality, as well as the forms of kinship. The affection stands out in the constitution of new familiar arrangements. In this context, Brazilian courts have been recognizing multiparentality. The work is based on the constitutional principles of the dignity of the human person, affectivity and filial isonomy to demonstrate the constitutional tutelage of multi-parental relations. Finally, we analyze the reflexes of multiparentality in the juridical world, especially of inheritance law. The bibliographic procedure is used, based on the national legal doctrine and decisions of the Courts of Appeal to observe the recognition of multiparentality in the Brazilian legal system.