O direito à filiação, à identidade genética e à busca pela ancestralidade à partir do julgamento do recurso especial n° 1.632.750/SP
This paper presents an analysis between the recognition of paternity and the search for ancestry by means of a correlation with Special Appeal 1,632,750/SP of the Superior Court of Justice. In this context, issues relating to aspects of the right to parentage and its application in accordance with t...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/55673 |
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| Resumo: | This paper presents an analysis between the recognition of paternity and the search for ancestry by means of a correlation with Special Appeal 1,632,750/SP of the Superior Court of Justice. In this context, issues relating to aspects of the right to parentage and its application in accordance with the Special Appeal under analysis will be addressed in addition to the discussion about res judicata. The study of the subject is relevant because it allows a deep analysis of cases according to higher courts’ firm jurisprudence. The research issue consists of the following question: is there a conflict between the pursuit of the right to parentage (as a personality right) and the respect for res judicata in lawsuits that review paternity amidst assumption? Given the issues encountered, this paper aims to investigate the theoretical aspects of the right to parentage and examine judicial solutions for the apparent antinomies in Special Appeal 1,632,750/SP. Inductive and hypothetical-deductive approaches will be used through monographic procedure, classifying the research as applied, explanatory, bibliographical, documental, case study and qualitative. Lastly, it is concluded that this subject is controversial and courts need a careful look at the changes of society, technology and families |
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