SOCIO-AFFECTIVE FILIATION: SUCCESSIONAL IMPLICATIONS WITH THE ADVENT OF EQUALITY BETWEEN CHILDREN

Abstract

This paper aims to analyze the succession-related effects arising from the legal recognition of socio-affective filiation, in light of the principle of equality among children enshrined in the 1988 Federal Constitution of Brazil. Filiation, which has historically been linked to consanguinity or judicial adoption, has come to be understood through the lens of affectivity, valuing bonds built through coexistence, care, and mutual recognition. Following this evolution, the Brazilian legal system began to accept socio-affective filiation as a legitimate form of parenthood, with legal effects equivalent to those of biological and adoptive filiation. In the field of succession law, this shift demands a reinterpretation of the provisions of the Civil Code, especially regarding legitimate succession and the status of legally necessary heirs. The study investigates how the recognition of socio-affective filiation impacts the distribution of assets, the competition among heirs, and the right to the reserved portion (legítima), considering the constitutional principles of human dignity, affectivity, and substantive equality among children. The methodology adopted is qualitative and legal-dogmatic in nature, based on bibliographic and documentary research, using specialized doctrine, updated case law, and critical analysis of the governing legislation. The approach is interpretative, seeking to understand the legal effects of socio-affective filiation in the context of succession law through the lens of constitutional values. Finally, it is concluded that socio-affective filiation represents progress in the protection of family bonds and the promotion of succession justice, reaffirming the role of affection as a legal value.