“Filhos de criação”: filiação socioafetiva e seus aspectos no ordenamento jurídico brasileiro

Abstract

The subject discussed discusses the children of creation in a context of socio affective family and its juridical aspects, emphasizing the importance to the principle of the affectivity to the reach of this sonship. However, it is necessary to observe that this type of family entity, fruit of affection, is not yet explicitly listed in our legal system. It is indispensable the position of the doctrinators of Brazilian law, as well as the judicial decisions that establish the current understanding of the Regional Courts. Therefore, the problem revolves around the recognition of the children of creation and the legal consequences of this profile, with historical and deductive methodology, based on bibliographical research. In this context, the objective is to discuss the significant changes in legislation regarding the concept of family and sonship, bringing as a dividing line our Federal Constitution of 1988 that establishes the principle of equality between children and affectivity, analyzing the types of membership, as well as the need for regulations pertinent to this family arrangement. It is therefore considered that the legislator has left gaps that need to be fulfilled by the absence of specific legislation on children.