A Multiparentalidade como forma de concretização dos preceitos constitucionais no ambiente familiar

Abstract

The concept of Family has undergone numerous modficiations throughout the historical trajectory of humanity, being considered a social group ruled by affection and by the search of the personal fulfillment of its members, where the human being develops its most importante values. However, as imagined, legislative production hardly can keep up with social reality. Fo years, the history of the Brazilian family has been tarnished by the presence of discrimination, inequalities and prejudices, which only ended with the advent of the Federal Constitution of 1988, which enshrined the principles of the dignity of the human person, affectivity, equality of affiliations, the plurality of family entities, among others. Nowadays, in the Brazilian legal system, there is a plurality of criteria capable of determining the affiliation used to solve the cases of conflict between there criteria, which, based on Belmiro Pedro Welter’s Three-Dimensional Family Law Theory, which preaches the need to understand the human being within existential thee-dimensionality (genetic, affective and ontological), and the constitutional norms applicable in the family enviroment. Welter also defends the full recognition of all the parental relationships that compound the life history of the individual, allowing the existence of more than one parent (mother or father) simultaneously, with all the legal effects resulting from it.