A filiação socioafetiva à luz da constituição de 1988

Abstract

In the early days, socio-affective affiliation was not recognized by patriarchal society, which only legitimized the marriage family, considering as legitimate children those who came from marriage. In 1988 with the advent of the Federal Constitution, a new order began to prevail, and the various family entities, as well as the affiliation relations were recognized without any discrimination. Thus, the affection that linked the bond between country and children, was evident in the legal system, and the courts began to sediment the theme. Thus, this research initially verified the family entities that contributed to the construction of Socio-Affective Affiliation under the current Federal Constitution. Therefore, the institute was analyzed in terms of its concept, as well as the constitutional and family principles that underlie its structure. Finally, we sought to explain how recognition occurs in the judicial and extrajudicial modalities, its application in comparative law, and also the position of the Federa Supreme Court that signed thesis 622.