New Paths of Kindhip in the light of the Constitution and the Brazilian Superior Courts’ Jurisprudence

Abstract

This article aims to analyze the current contours of affiliation in Brazilian law in the light of constitutional legality from its application by the Brazilian higher courts. The plurality of family arrangements and the possibility of their compositions have a direct impact on the requirements for the use of kinship and the reform and in-depth analysis of membership from the perspective of the child's interests. In this sense, examine the constitution of the legal bond of affiliation, investigating its modes of imputation from the biological, socio-affective and adoption criteria to the Brazilian one. Through doctrinal and jurisprudential research in the scope of the higher courts, he demonstrated the possibility of coexistence between socio-affective and biological affiliation, in a closer hierarchical data equipment, and with the right for a son to seek recognition of his parenting, even after the father's death biological, since it is declared as biological truth at any time, based on the principle of human dignity or what is the current oriented or establishment of affiliation. Finally, defend yourself, who will understand the supreme patrimonial effects of the recognition of biological paternity, assume the discriminatory nature, which contradicts the principle of full understanding among children, constitutionally guaranteed.