Constitucionalização do direito civil: reconhecimento extrajudicial da filiação socioafetiva à luz do postulado da afetividade

Abstract

This monograph object of study is the extrajudicial recognition of socio-affective affiliation. The study addresses the process of constitutionalization of Civil Law and the incorporation of affectivity in the Brazilian legal system, a process responsible for reformulating the concept of family by distancing itself from the sacredness of biological truth and focusing on the search for the subjective development of its members. Thus, it analyzes the norms that regulate the recognition of socio-affective affiliation in notary public offices, as well as a debate on the existing mismatch between these norms and the principles that regulate the application of Family Law. Finally, it is made an analysis of practical cases which were taken to the courts because of this ineffective extrajudicial protection. The results are discussed based on Robert Alexy's theory of balancing, about the need that the judge has to be guided by a rational procedure of principled hermeneutics in order to provide effective protection of the interests of minors, bringing judgments consistent with contemporary society and its multifaceted demands.