Comparison between extrajudicial and judicial recognition of socio-affective filiation in the district of Curitibanos/SC

Abstract

This study addresses the recognition of socio-affective filiation, conducting a comparative analysis of judicial and extrajudicial procedures within the jurisdiction of Curitibanos/SC, Brazil. The research stems from the growing relevance of family relationships grounded in affection, which challenge the traditional model of filiation based solely on biological ties. The general objective is to understand the differences and similarities between the two means of recognizing socio-affective filiation, while the specific objectives aim to conceptualize and historically contextualize this form of filiation, in addition to identifying the requirements and documents necessary for its recognition through judicial and extrajudicial channels. The methodology employed is qualitative, descriptive, and deductive, based on bibliographic, documentary, and field research conducted at the court and notary offices of the district of Curitibanos/SC. The results indicate that extrajudicial recognition represents a significant advance in terms of speed and simplification, but requires strict compliance with legal requirements and the express agreement of all involved parties. On the other hand, judicial recognition is indispensable when there is a conflict of interests or the absence of some formal requirement. It is concluded that both means are effective instruments for the protection of socio-affective family relationships and contribute to the realization of the principle of human dignity, ensuring the legal recognition of legitimate affective bonds.