DESAFIOS PARA O RECONHECIMENTO DA FILIAÇÃO SOCIOAFETIVA PÓS MORTEM

Abstract

This study aims to analyze the challenges related to the recognition of post-mortem socio-affective filiation within Brazilian Family Law, highlighting the main legal, evidentiary, and interpretative obstacles that hinder the effectiveness of this form of parenthood. The research adopts a qualitative and bibliographic approach, based on the works of renowned scholars such as Maria Berenice Dias, Paulo Lôbo, Flávio Tartuce, Rolf Madaleno, and Rodrigo da Cunha Pereira, as well as on landmark decisions from the Superior Court of Justice and provisions issued by the National Council of Justice. The jurisprudential analysis demonstrated that the Superior Court of Justice has progressively recognized the possibility of declaring socio-af fective filiation after the death of the socio-affective parent, provided that the coe xistence, public notoriety, and possession of the status of child are duly proven. The findings reveal that the legal recognition of affective bonds represents one of the greatest achievements of contemporary Brazilian Civil Law, consolidating the prin ciple of affectivity as a structural foundation of parenthood. However, the absence of an explicit manifestation of will by the deceased and the difficulty in proving the affective relationship make the process complex and subject to divergent interpre tations. The study concludes that the establishment of clear normative parameters for post-mortem recognition is essential to ensure the effectiveness of personality rights, equality among children, and the strengthening of affective justice within the Brazilian legal system.