Os efeitos sucessórios da adoção post mortem em contraponto ao reconhecimento da filiação socioafetiva no Brasil

Abstract

The goal of this paper is to analyze the effects of posthumous adoptions in Inheritance Law, as well as of the posthumously declared socioaffective filiation, in the Brazilian Legal System. In this paper, we sought to understand the characteristics that are inherent to the adoption process, focusing on oral adoption, and the nuances that surround the recognizability of post-mortem socioaffective paternity or maternity and, inside the research, to evaluate what juridic effects these types of filiation may have in the inheritance juncture. In that context, a technique to analyze the subject that allowed the comprehension of the decision to adopt or socially recognize a person was qualitatively utilized. The theoretical references aimed to emphasize the constitutional and jurisprudential aspects on the matters of filiation, of the rights that concern the deceased and their possible heirs, by making use of a historic and principle trajectory. Moreover, the quantitative method was utilized to gather statistical data, enabling the observation of adoption numbers in Brazil, so that it was possible to evaluate the best way to produce said effects in Inheritance Law as both the processes take part in the Country. In order to gather the statistical data, we searched among the governmental organs that are related to the adoption process and to Family Law. Thereby, the results showed that the impasse on continuing an oral adoption process or socioaffectively, posthumously acknowledge a relationship of filiation between the deceased and another person, depends specially on factors and actions that manifested during the lifetime of the deceased, that may or may not produce positives effects on the inheritance, as well as negative effects, given the passage of time.