A família anaparental no ordenamento jurídico brasileiro em análise jurisprudencial

Abstract

This work makes an analysis of the socio-affective family anaparental, integrating the historical context of the Brazilian family up to the present day. Characteristics such as affectivity, ostensibility and stability are exalted and demonstrated as they are fundamental in the formation of the contemporary family, which has affection as a basic principle. It was necessary to study the social changes that have occurred over the years in the Brazilian civil family, in order to understand the evolution of the new family conceptions, with emphasis on the anaparental family, which was recognized in family law. A subject in which it was found, before a jurisprudential analysis, that, although current, is still restricted either in the bibliographical scope, or in the acquis of jurisprudence. The State has a duty to protect this new family entity and to guarantee the necessary conditions so that it can be respected and protected in a way that has the same rights as the traditional family. Always respecting the basic principles, such as equality, freedom and dignity of the humans. Since the family, regardless of its formation, is the main protector and formator of the citizen. And the state must adapt to this new reality, in which socio-affective kinship is already equated with the biological, and becomes, every day, more expressive in today's families.