NA NEBLINA DO TEMPO, O ROSTO DE UM AVÔHAI: O reconhecimento da filiação socioafetiva entre avós e netos à luz da jurisprudência brasileira

Abstract

This paper analyzes the legal landscape of socio-affective parentage between grandparents and grandchildren, highlighting the role of affection as a social and legal element in the recognition of family bonds. The analysis begins with the metaphor present in Zé Ramalho's song Avôhai, which symbolizes the depth of the intergenerational bond and the value of time in consolidating affection, thereby contributing to a more humanistic and expanded understanding of Family Law. The study also examines the constitutional principles of human dignity, equality, and the best interests of the child and adolescent. This allows for a reinterpretation of Article 1.593 of the Brazilian Civil Code, which acknowledges that parentage may originate from bonds other than biological ones. Within this framework, contemporary case law from the Federal Supreme Court (STF) and the Superior Court of Justice (STJ) is explored to demonstrate the recognition of multiparentality and the distinction between adoption and socio-affective parentage, emphasizing that the latter permits the legitimate coexistence of multiple parental ties. The practical effects of recognizing socio-affective parentage between grandparents and grandchildren are discussed, including amendments to civil registration, succession and alimony rights, as well as evidentiary challenges and the social issues involved. The paper concludes that the legal formalization of these bonds represents an advancement in protecting the dignity of individuals and in adapting family law to social reality. It consolidates the centrality of cohabitation and affective ties in shaping parentage over time, thereby materializing the right to identity and the pursuit of happiness.