POST MORTEM RECOGNITION OF BIOLOGICAL AND SOCIAL-AFFECTIVE PARENITY ANDA ITS EFFECTS ON PARENTING

POST MORTEM RECOGNITION OF BIOLOGICAL AND SOCIAL-AFFECTIVE PARENITY ANDA ITS EFFECTS ON PARENTING

Authors

  • Aluana Costa Itiberê da Cunha UEPG
  • Giovana Itiberê da Cunha Tromboni Kottke uepg
  • Marcio José Spinassi uepg https://orcid.org/0009-0006-2519-1175
  • Silvana Souza Netto Mandalozzo uepg

Abstract

The Federal Constitution of 1988, as well as the Civil Code of 2002, and still other infraconstitutional provisions, abandoning old conceptions, make room for a new family path, regardless of marriage. New models of single parent family are allowed, giving all children, arising from these relationships, the same rights, prohibiting any discrimination related to affiliation. Thus, it was established that the father has the duty to respect and promote the good of all children, regardless of any origin, whether matrimonial or extramarital, natural or civil. In this article, it will be sought to demonstrate the concepts and foundations of the recognized affiliation Post Mortem of the biological and socio-affective parent, being, therefore, act of involuntary recognition as well as its characteristics, the aspects inherent to the action of paternity investigation and the principles related to the investigation, as well as its reflexes on parenting.

Author Biographies

Giovana Itiberê da Cunha Tromboni Kottke, uepg

Advogada, graduada pela FAE Centro Universitário

Marcio José Spinassi, uepg

Advogado, pós-graduação em direito civil e processo civil- UEL 2017, pós-graduação em direito do trabalho, processo do trabalho e direito previdenciário- Estácio 2017, mestrando em ciências sociais pela Universidade Estadual de Ponta Grossa

Silvana Souza Netto Mandalozzo, uepg

Mestre e Doutora em Direito pela UFPR. Professora na Universidade Estadual de Ponta Grossa

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Published

2024-12-18

Issue

Vol. 7 (2023): Direitos fundamentais

Section

Artigos

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