Mosaic family: a reflection based on the relations between socio-affective siblings

Abstract

The emergence of the mosaic family is the result of a long historical transformation that the family went through and influenced Brazilian law. This nucleus emerges from the reconstitution of previous relationships, which has increased as a result of the growth in the number of divorces, bringing with it a pluralized family configuration, which includes, in addition to the spouse or partner, the non-common children of the new couple. With this, new dilemmas arise in the legal system with regard to socio-affectivity and its extension to the members of the family nucleus, mainly in view of the possibility of the configuration of a socio-affective bond beyond the figure of the stepfather, stepmother or stepchildren, but also to siblings (children not spouse or partner) to the point of giving rise to reflections and implications in Family Law. In this context, this article aims to analyze the mosaic family and the extent of socio-affectivity among non-common children within this family nucleus, as well as its effects and consequences in the legal system, within the scope of fraternal relationships. For this purpose, the deductive method of approach was used, based on the assumption that continuous coexistence can lead to socio-affective bonds between the siblings. It was concluded, from this study, that there are already pacified decisions of the Courts that recognize the socio-affectivity between the brothers that are liable to generate reciprocal rights and obligations.