O RECONHECIMENTO DA FILIAÇÃO SOCIOAFETIVA NO DIREITO BRASILEIRO: UM ESTUDO DE CASO DA JURISPRUDÊNCIA DO STJ

Abstract

This article focuses on the recognition of socio-affective filiation in Brazilian law and its analysis in light of the jurisprudence of the Superior Court of Justice. The aim is to understand how the legal system and higher courts have been addressing socio-affective bonds, especially regarding their coexistence with biological filiation, multiparenthood, and the possibility of opposition. The research problem consists in verifying whether the current legislation and case law are sufficient to ensure full protection of children and adolescents, or whether legal gaps remain that may undermine the legal security of these bonds. The justification lies in the social relevance of the topic, since new family configurations challenge the law to adapt to social realities, placing affection as a structural element of parenthood. The methodology applied was bibliographic research, based on specialized doctrine and provisions of the National Council of Justice, complemented by empirical research of case law from the Superior Court of Justice, in a qualitative approach, through decisions rendered in recent years. The conclusion is that socio affective filiation, although consolidated as a legitimate category, still faces challenges regarding its opposition and the limits of its coexistence with biological filiation, with the Judiciary playing a central role in consolidating affection as a foundation of parenthood.