Contributions of the relative unavailability of family law in the guardianship of anaparental or simultaneous socio-affective links

Abstract

This study aimed to analyze whether the concept of socio-affectivity in Family Law, a branch of traditionally unavailable rights, encompasses anaparental or simultaneous bonds. To achieve this, qualitative research and deductive reasoning were employed, using a literature review procedure, normative analysis, and jurisprudential research, highlighting a judgment from the Superior Court of Justice. As a result, it was found that the prior recognition of the parental bond, based on express constitutional provisions, is necessary, although there are decisions to the contrary based on systematic interpretation. It is concluded that the relativization of the unavailability of rights will contribute to the protection of autonomous socio-affective bonds, without leading to undesirable degrees of dependence or neglect of hypervulnerability