The affectivity as a parameter for the legal recognition of multiparenting

Abstract

The present research aims to analyze the divergent current arise based in the decision of the Supreme Court in Extraordinary Appeal n. 898.060/SC in order to answer the following question: is it possible to recognize multiparenting without being present the affectivity and coexistence of filiation between those involved in this relationship? Although the decision is an important achievement for Family Law in several aspects, a discussion was established regarding the point at which it recognized multiparenting. As will be exposed, the divergent current considers that multiparenting was not configured in the leading case because the plaintiff already had a socio-affective father and did not have coexistence of filiation with the genetic ascendant. Thus, to answer the question, the research will demonstrate that parenting is configured through affectivity that overlaps the biological bonds. Besides, the mere proof of the genetic bonds is not enough to constitute multiparenting. Therefore, will conclude that the recognition of multiparenting is determined, precisely, by the existence or not of affectivity and filiation between those involved. For the development of this research, the deductive method of approach was used, applying as a research technique the bibliographical and documentary review. First, the family history will be exposed. Afterwards, it will address affectivity as a basic principle in Family Law. Finally, the research will make considerations from the paradigmatic case of the Extraordinary Appeal.