Tempos de multiparentalidade? mudanças e permanências no campo das parentalidades e da filiação no direito brasileiro

Abstract

The present research, through an interface with forensics social psychology, aims to analyze the changes occurred in the understanding of the expression parenthood, as well as the changes in the brazilian affiliation system, which ended up on the recognition of the multiparenthood by the Supreme Court in 2016. About this theme, studies from psychology, anthropology and sociology observe how the conceptions of family and kinship, as well as their forms of composition are transformed according to the socio-cultural structures at a given historical moment. In what refers specifically to the affiliation bond, the brazilian system instituted the legal organization of the family based on the assumptions that the husband of the mother would presumably be the father of their children, assumption that was added to restricted legal hypotheses of paternity investigation. Thus, it was maintained the family structure established by the marriage, understood as the legitimate source of affiliation. The changes in this paradigm, result of several factors that promoted the dissociation between conjugality and parenthood, have led jurists, legislation and jurisprudence to seek an universal criteria for the establishment of the affiliation bond. Especially after the Constitution, the legal system produced an ambivalence in the determination of paternity/maternity, with an alternating prevalence between the biological and the socio-affective bonds. In this sense, once it was legitimized the recognition of the multiparenthood and facilitated its registration directly in the notary, the present research seeks to understand which family arrangements have been covered by the referred institute, analyzing, for this purpose, the performance of the legal discourse and the judicial decisions as paths for these transformations. Therefore, the research aimed an interdisciplinary understanding of the contemporary concepts of family, kinship and parenthood. Then, legislative changes, academical and jurisprudential discussions on changes in the affiliation bond in Brazil were analyzed, as well as the votes of the STF ministers on the trial that recognized multiparenthood. Finally, the jurisprudence of two state courts were analyzed to apprehend the effects of the STF judgment.