The (im)possibility of deconstitution of socio-affective affiliation in the light of the Courts and the Higher Court of Justice

Abstract

This article aims to analyze the legal feasibility of the (im)possibility of undoing socio-affective parenthood, in light of doctrinal and jurisprudential interpretations. To this end, aspects such as the concept and historical evolution of parenthood were explored, highlighting the influence of affectivity in the recognition of socio-affective parenthood and its increasing value in family relationships. In addition, an analysis was carried out on the current legal understanding of parenthood and how the Brazilian legal system has addressed the issue of severing this type of parenthood in contemporary times. The study adopts a descriptive approach, with a bibliographic review, and uses the deductive method by reflecting on established legal principles. Socio-affective parenthood refers to the bond formed between an individual and a child based on affection and care, regardless of biological ties. In this context, both doctrine and jurisprudência have increasingly preconize the importance of this type of parenthood for the child’s well-being, resulting in the prevalence of child protection and the impossibility of undoing socio-affective parenthood, given the harm that such an action could cause to the minor.