Da possibilidade jurídica do reconhecimento da filiação socioafetiva post mortem

Abstract

This study aimed to examine if the legal system in force in Brazil involves the recognition of the socio-affective filiation of the person who assumed the role of father / mother after their death. The study was carried out through doctrinal and jurisprudential research and the approach was based on the deductive method. In addition, the method of procedure was descriptive because the legal possibility of recognizing the socioaffective filiation post mortem was verified by the study of the requirements for characterization of the institute. First, it analyzed human dignity and affection as the new foundations of family relationships, and consequent filial relations. In the second chapter, the issue was examined through the principled, legal and judicial biases in order to verify if the socioaffective filiation holds for no limitations of formal and / or temporal order. It was found that it was possible to confirm that despite the jurisprudential resistance, the recognition of the socioaffective filiation doesn’t admit any formal or temporal limitation in accordance with the principle of human dignity and affectivity in the treatment of family relationships.