Reconhecimento da parentalidade socioafetiva extrajudicialmente: análise da competência do Conselho Nacional de Justiça para edição dos provimentos no 63/2017 e 83/2019

Abstract

The work aims to analyze the extrajudicialization of voluntary recognition of socio-affective parenting, directly in civil registry offices of natural persons, an innovation inaugurated by the National Council of Justice (CNJ) when editing Provision n° 63/2017, which allows the alleged father and / or mother and child, by means of objective and documentary evidence attesting to the socio-affective bond of stable and externalized parenting, and the name on the birth certificate being enough to complete the possession of the child's status. In this way, it intends to investigate the competence of the CNJ to edit norms that deal with Family Law, as well as we will study the competence of the Council to regulate the notary activities, which is constituted by the Constitution. We also analyzed the activities carried out by the registrar to recognize socio-affective parenting and how the Public Ministry began to act in the process of requesting recognition to ensure that the act was endowed with legal certainty.