Releitura do conceito de posse do estado de filho à luz da legalidade constitucional

Abstract

This work analyzes the transformation of the function and elements of the concept of posse do estado de filho (possession of the status of child), considering its application from the context of the 1916 Brazilian Civil Code up to the enactment of the 1988 Federal Constitution. Traditionally limited to a probative function in legitimizing biological filiation, posse do estado de filho has come to exercise a constitutive role, recognizing socio-affective bonds based on coexistence, care, and affection, regardless of biological ties or the marital status of the parents. Based on the civil-constitutional methodology, the study demonstrates how the principles of human dignity, equality among children, solidarity, full protection of the child, and the right to identity support this new model of filiation. Grounded in legal literature review and case law from the Superior Court of Justice and Rio de Janeiro’s State Court, the research proposes a reinterpretation of the traditional triad—name, treatment, and reputation—and examines the role of consent in the constitution of socio-affective filiation, through objective elements applicable to concrete cases involving the recognition or annulment of parental ties.