Fundamental right to succession guarantee through multiparental bonding

Abstract

This article examines the fundamental right to succession guarantee through multiparental bonds in the Brazilian context, addressing two fundamental pillars: the fundamental right to inheritance and the fundamental right to parental bond. The research highlights the relevance of the right to inheritance as a vital protection for patrimony and the continuity of family relationships after death. In the context of parental bonds, the study explores the dynamics of multiparentality in Brazil, characterized by the coexistence of biological and socio-affective parental ties. The Brazilian legal framework and jurisprudence have evolved to recognize the legitimacy of socio-affective filiation, reflecting the transformations in contemporary family structures. The analysis emphasizes the need for a more inclusive approach that aligns with the reality of family relationships, acknowledging the complexity of multiparentality. In this regard, a correlation will be made with the Critical Theory of Human Rights developed by Joaquín Herrera Flores. Finally, by addressing these themes, the article aims to contribute to the development of a legal framework that ensures the effectiveness of the fundamental rights to inheritance and parental bond, promoting adequate protection of family interests in the context of multiparentality in Brazil. To this end, bibliographic research methodologies and jurisprudential analysis were used, along with the application of the hypothetical-deductive method.