Filiação socioafetiva no post mortem: do reconhecimento ao direito à herança

Abstract

The theme inserted in the law of family and succession, in this paper, addresses the issue of the recognition of posthumous socio-affective filiation and the generation of succession effects, highlighting affectivity as a key element for the understanding, implementation and protection of the right to inheritance of the socio-affective child. However, as this subject is quite recent and lacking in doctrinal and legal provisions, it intends to establish the possibility of recognizing socio-affective filiation in the post mortem and the subsequent right to inheritance, as well as to list other succession effects, using as a method a literature search physical and electronic, in the libraries of the Universidade Federal da Paraíba, the Universidade Federal de Pernambuco, in particular, which takes into account existing, albeit scarce, constitutional principles and jurisprudence of higher courts. This monograph is of vital relevance to the author because it is something that materialized in his own existence, a saber, a condition of socio-affective son. Moreover, given the conjuncture of family plurality and lawmediated relationships within and outside of marriage or stable union today, or the phenomenon of socio-affective affiliation is more common than one might imagine. Then we have a problem with this paper: is it possible to recognize the affective affiliation in the post mortem so that the succession effects? It is concluded that even if there is no unanimity, posthumous recognition of socio-affective filiation is perfectly possible, provided that the appropriate evidence is listed and presented in the due process of recognition of socio-affective paternity or motherhood.