Multiparentality in the context of new family formations and the understanding of jurisprudence in Court of Justice of the State of Rio de Janeiro

Abstract

This article will analyze the institute of multiparenting in Brazilian society. It is a phenomenon in which both the biological father and the affective father provide the possibility of affiliation in relation to the offspring to which they are affectionately linked. This guarantees the socio-affective father the continuation of the parental bond with the minor. Multiparenting arises as a result of changes in the current family arrangement as well as the appreciation of the affective social bond that now considers it as a possible way to grant paternity. Thus, the affection built between father and son may result in the recognition of paternity being granted, it is worth noting, however, that biological bonds remain protected, since multiparenting actually seeks to serve the best interests of the child. Thus, this research will have a bibliographic and empirical profile. The bibliographic part will be constructed by reviewing the positioning of authors who have already dealt with the topic. The empirical part investigates decisions from the Rio de Janeiro State Court of Justice, in the period from 2016 to August 2019, found in the database of the virtual system to Court. The survey consists of 37 decisions examining the fundamentals that prompted the judges to present their sentences. Multiparenting has grown every day in the context of families and some of them have already sought judicial assistance in order to regularize the situation. Thus, there is already a tendency for the judiciary to respond positively to this current social demand. The results demonstrate that multiparenting has been granted whenever the affective bond between father and son is proven, in compliance with the principle of the best interest of the child, without, however, causing any damage to the biological bond.