A multiparentalidade e a responsabilidade paterno/maternofilial sob o entendimento do supremo tribunal federal

Abstract

This study aims to discuss the application of paternal/maternal-filial responsibility in cases of multiparity, understood as the case that involves a child and the figure of two parents, the biological and the psychological-parent. The present analysis is based in the understanding adopted by the Supreme Federal Court in the judgment of the Extraordinary Appeal (RE) nº. 898060/SC, which led the creation of the General Repercussion nº 622. As from enactment of the 1988 Federal Constitution, the principles endowed normative force. Furthermore, the respect of the human being fundamental rights became the focus and the purpose of infra-constitutional legislation, and the equality between men and women was achieved. As a consequence, all forms of existing families, and all types of family relation, afforded legal support. Therefore, the affection became the pillar that holds the family bonds, justifying then the double parenting institute. In view of the above assessment, this study was carried out for the primary purpose of analyze the foundations used in the aforementioned trial, as well as to evaluate the impact of the Supreme Court understanding on the paternal/maternal-filial responsibility of each paternal/maternal figure, and also its impact in the inherent rights of the parents over the children. In order to do so, it is based on a doctrinal analysis of the family institute evolution, moving to a constitutional view on affection as a basis for building a filial bond, and finally arriving at the analysis of the arguments ventilated in the judgment of RE nº 898060 / SC and its implications on parental responsibility. The present work was based on a qualitative and applied analysis, and, referring to the adopted procedure, was used bibliographical researches to the specialized doctrines, scientific articles, dissertations and theses available on the subject, as well as documentary research through consultations of precedents jurisprudential. Concluding for the application of paternal/maternal-filial jointly responsibility in cases of multiparity.