Do pátrio poder à multiparentalidade : um novo olhar sobre o direito das famílias

Abstract

The present research seeks to historicize the way in which the native legislation, from the Constitution of the Empire of 1824, approaches the current family model and the way in which, from the reality lived in Brazilian homes, doctrine and jurisprudence began to shelter And give shelter to the most varied forms of family, culminating in the recognition of multiparentality. At this point, the principle of affectivity will guide the recognition of the possibility of double membership based on the coexistence of biological and socio-affective parenting, without overlapping and both with joint responsibility, aiming at juridical recognition of an increasingly common reality: The families recomposed. Thus, based on the existing legislation and the strong doctrinal heritage, it is sought to address the way in which Brazilian justice has accepted multiparentality as a possibility and affectivity as an implicit constitutional principle, basing the reasoning on first and second degree sentences and, until Even the recognition of general repercussions on the predominance of socio-affective parenting before STF.