Os aspectos controvertidos da dupla paternidade: supremo tribunal federal, r.e. n. 898.060/sc, com repercussão geral relator ministro luiz fux. julgado em 22.09.2016, publicado no seu informativo n. 840

The present work has the purpose of analyzing the multiparentability within the national legal system, its evolution with the promulgation of the Federal Constitution of 1988 and the effects of the Judgment of the Federal Supreme Court, R.E. N. 898.060 / SC, Rapporteur Minister Luiz Fux. judged on 22.09.2016, which, in general repercussion, established the thesis in which it is possible to recognize the bond of the socio-affective affiliation concomitant with the biological affiliation in the birth certificate, resulting in patrimonial responsibility. For that, the deductive method is used. The concept of family has undergone several changes over time, starting to have a concept eudemonista socioafetivo, shaped by the affectivity and the project of happiness of each individual. As a result, the legislator had to adapt to such changes, resulting in several developments in law to the present day. Thus, the composition of the family and its formatting, have undergone numerous changes, mainly in relation to the affiliation. Being the socio-affective fatherhood one of them, receiving the same Constitutional protection of biological paternity, with the advent of legal valuation of affection. In this context, several conflicts arose between the criteria of socioaffective, registry, biological and affective affiliation; the judge being charged with the task of analyzing which criterion should be chosen in detriment of another in the characterization of paternity. Finally, in the face of this legal impasse, multi-parenting emerges as a more adequate solution, keeping in mind the interests of the child and adolescent, since they no longer have to opt for a singular paternity. Therefore, such a model also contemplates the dignity of the human person of all involved, as well as consecrates the constitutional principles by giving the due legal effects arising from the affiliation and emanating from the registry.