Limites da atuação do Ministério Público na averiguação oficiosa de paternidade

Abstract

This study brings the question of the limits of the performance of the Prosecution in the officious inquiry of paternity. Shows the historical and normative evolution of the right of filiation, and conceptualizes the institutes related to the realization of this right. In front of the legal gap in law 8560/92 – that does not make clear if in the officious inquiry, the statement of paternity is an obligation or a faculty of the mother, nor delineates the limits to the powers of the Prosecution to work in this administrative proceeding - draws a constitutional solution to the problem, aiming to materialize the right of filiation of the child, a corollary of human dignity, without this meaning a violation of the mother's right to privacy, which can only happen from a weighing of the principles in collision, made from the optic of each case. Yet, the present study deals with the possibility of paternity recongnition by the father before the prosecutor, wich must be made possible, due to the fundamental rights promotional function and the resolving extra jurisdictional performance developed by the prosecutor, consequence of its constitutional prerogatives.