How affection does not play a decisive role in legally ascertaining fatherhood

Authors

  • Atalá Correia

Keywords:

Affection, Fatherhood, Filiation, Non-biological fatherhood, Private autonomy

Abstract

The paper summarizes Brazilian legal doctrine and court precedents regarding the role they attribute to affection as a decisive criterion to recognize familiar relations and, especially, fatherhood and filiation before the law. Furthermore, it criticizes such conclusions and develops an effort to evidence that private autonomy is rightfully the key to the problem.

Published

2018-04-30

Issue

Section

Doutrina Nacional