The biological father's responsibility towards the social-affective paternity
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This paper aims to analyze the Extraordinary Appeal No. 898.060 of the Federal Supreme Court in order to glimpse the preponderance of social-affective paternity over biological paternity and its effects. Given this, will be analyzed the institution of family and its conceptions according to each cultural historical moment, glimpsing its peculiarities before the constitutional and civil text. Will be addressed the concepts of family according to the constitutional text and its changes in each historical period. Also, glimpses of the rights won by those affected during the change of each Constit...
This paper aims to analyze the Extraordinary Appeal No. 898.060 of the Federal Supreme Court in order to glimpse the preponderance of social-affective paternity over biological paternity and its effects. Given this, will be analyzed the institution of family and its conceptions according to each cultural historical moment, glimpsing its peculiarities before the constitutional and civil text. Will be addressed the concepts of family according to the constitutional text and its changes in each historical period. Also, glimpses of the rights won by those affected during the change of each Constitution until the current one, as well as the achievements also listed in the Civil Code of 2002. It will also be under analysis the current conceptions of family institutions and their consequences in the field of family law as well as in the succession sphere. Based on current doctrine and jurisprudence, the understanding on the responsibility of the biological and the socio-affective fatherwill be demonstrated.
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