SOCIO-AFFECTIVITY BEYOND THE STRAIGHT LINE

• DOI: https://doi.org/10.22533/at.ed.1594832406098

• Palavras-chave: sociafetivity, affection, siblings, family nucleus, recognition.

• Keywords: sociability, affection, siblings, family nucleus, recognition.

• Abstract:

  This article used a bibliographical review to collect data and theoretical foundations, making use of a hypothetical-deductive tendency and taking analytical-synthetic logic as a procedure. It falls within NUPEJU's research line two, which is the social function of the institute of socio-affectivity in the construction of the family nucleus. The aim of this analysis was to analyze the institute of fraternal socio-affectivity and its effects on the post-modern family, as well as the implications for national legislation. This debate is necessary due to its new application in Brazilian law, which arose from a new precedent of the Superior Court of Justice (STJ), the majority of which was in favor of its recognition, although there was a minority opposed to its application. That said, its discussion is essential given its still embryonic stage. Finally, after analyzing the positions and theses established by the ruling that is the main subject of the case, together with contributions from scholars on the subject, it can be inferred that affection is extremely important and indispensable within the family, especially in cases where there are no blood ties, more specifically between siblings.