A HERANÇA DO AFETO: A RECONFIGURAÇÃO DO DIREITO SUCESSÓRIO BRASILEIRO DIANTE DA MULTIPARENTALIDADE

Abstract

This paper analyzes the impacts of the institute of multiparentality on Brazilian Succession Law, based on the premise that the evolution of the family concept, re-established under the principles of the 1988 Federal Constitution and the principle of affection, requires a reinterpretation of the classic structures of post-mortem asset transmission. The research addresses the transition from a patrimonial family model to a eudaimonistic and plural paradigm, which culminated in the jurisprudential consolidation of multiparental filiation by the Federal Supreme Court through General Repercussion Theme 622. The central problem investigates how the legal system reconciles the coexistence of multiple parental bonds with the order of hereditary succession to ensure filial isonomy and legal certainty. Through a bibliographic and documentary methodology, including an analysis of legal doctrine and jurisprudence, the study demonstrates that granting full succession rights to a multiparental individual is the logical and systemic consequence of the integral recognition of their filiation. It is concluded that the argument of "unjust enrichment" is unsustainable, as the plurality of inheritance rights corresponds to a symmetrical plurality of existential and material duties, thus affirming the coherence of the legal system in fully protecting new family arrangements and the fundamental right to identity.