O reconhecimento de paternidade feito sob coação: consequências jurídicas

Abstract

The legislation established the imprescriptibility of the negation of paternity using the argument that it is related to the condition of the person. The objective of the present work was to demonstrate that not all the Sate actions are imprescriptible and that they can be classified as positive or negative State actions. In this regard, it is defended that it is necessary to impose a time limit for the exercise of negation of paternity, for it is not reasonable that the possibility of negation goes ad eternum. It is proposed the incidence of the principle of venire contra factum proprium to familial relationships as one of the principles for the temporal limitation of the negation of paternity, tutoring the judicial value of confidence. The scope of the present work was also to analyze the cases where the socio-affectivity between the possible father and son or other members of the family was characterized and how this could influence the outcome of the negation of paternity. Besides, it is defended that paternity must be regarded as a responsibility that must remain independently of the existence of socio-affective or biological links when the deadline for the judgment of negation of paternity has been elapsed.