Reconhecimento extrajudicial e judicial da filiação socioafetiva e seus reflexos no direito das sucessões

Abstract

The present work aims to analyze the unfolding of the relation of socio-affective affiliation in the Brazilian judicial scene, with respect to the right of the father/mother to transmit his inheritance to his heirs, as well as the right of this heir to succeed his father/mother, clarifying the routes and procedures necessary for the prevalence of the will of the author of the inheritance. We note the importance of this institute and its study since the law is realized through the transformation of everyday reality, and must accompany the events that occur in society in order to support those who need their intervention. Because it is the form of affiliation that occurs less frequently, there is no propagation of the form that should occur its recognition as well as the other effects coming from it, such as the succession effect. The work presented here presents the necessary procedures to be followed in order for the succession law to be implemented that involves socio-affective affiliation, demonstrating not only judicial and extrajudicial recognition but different situations that today have a doctrinal, jurisprudential or even article orientation and sparse laws that jointly regulate the succession effects of socio-affective affiliation.