O reconhecimento da parentalidade socioafetiva à luz do provimento 63/2017 do CNJ e a extrajudicialização do direito brasileiro

Abstract

This monographic work will try to approach the movement of extrajudicialization of the Brazilian Law, taking as a starting point the Provision 63/2017, edited by the CNJ in November of last year. This document disciplines the procedure of extrajudicial recognition of socio-affective parenting, which is the relation of affiliation based exclusively on the affective ties between father/mother and child, since there is no biological link between them. Thus, the Provision 63/2017 provides the requirements and basic regulations which must be obeyed in this recognition in the Civil Registry of Natural Persons Offices, which makes the procedure more practical, unbureaucratic and quick, as it removes the need to resort to the Judiciary. Thereby, this research will try to understand, firstly, the treatment that Brazilian Law has given to these new forms of family based on affectivity, and secondly, it will approach the Provision 63/2017 in the light of the strong tendency that the brazilian legal system has followed of making its institutes less bureaucratic. To approach the theme, it was done a bibliographic research, through some authors who study the news concepts of family and the movement of extrajudicialization of the brazilian Law, and a documental research, through laws and the CNJ Provision 63/2017 itself. In addition, it’s a qualitative research, which doesn’t limit itself to a simple description of informations, but tries to go deeper into the studied phenomenon. Therefore, with this study, it was verified that the Provision 63/2017 seeks to formalize a long-standing social fact in Brazil, regulating the proceedment in order to guarantee more celerity and practicality to the citizen, following a tendance of the Law of reducing the judicial involvement in its institutes, which may attend an increasely number of brazilians.