The right to succession in socio-affective paternity

Abstract

The general objective of this work is to verify the legal effects of socio- affective paternity in inheritance law. With regard to methodological procedures, the method of approach is deductive thinking and qualitative in nature. The procedure method is monographic. The aim is to present the concept of socio-affective paternity in the Brazilian legal system, its historical evolution, through the advent of the Federal Constitution of 1988, and socio-affective affiliation. Next, the concept of socio- affectivity, its recognition and legal consequences is verified. Finally, the effects of socio-affectivity in inheritance law are demonstrated, being necessary to verify the generalities of the right to succeed as well as the types of succession, in order to verify the legal solution in the case of death of the father/mother or of the socioaffective child. The conclusion reached in the research is that, in socio-affectivity, the child is entitled to receive inheritance from the socio-affective father, or from the person who registered his birth, case law has already decided in this regard.