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The fundamental right to child support based on the relationships of stepfather and stepmother from the perspective of the principle of solidarity

Abstract

This study aims to show the possibility of child support in reconstituted families. It demonstrates the relevance of the study due to the exponential increase in second or third marriages to partners who have children from a previous relationship. This scenario contributes to the discussion whether stepfathers/ stepmothers or socio-affective parents should pay child support to their stepchildren or affective children, especially when these responsibilities are taken spontaneously during the time they are living together. First, the article will highlight the current context of families and then make the necessary distinctions in parenting and the new characteristics that the family has taken on. It will conclude that there is an urgent need to pay more attention to today’s requirements to ensure adequate fulfillment of family functions, solidarity among its members, and the best interests of children and adolescents. It uses the deductive method, using bibliographic research, laws and judgments, as well as based on foreign experiences in an attempt to shed light on possible ways for Brazilian Law.

Keywords:
Child Support; Reconstituted Families; Stepfather; Solidarity

Programa de Pós-Graduação em Direito da Universidade Federal de Santa Catarina Centro de Ciências Jurídicas, Sala 216, 2º andar, Campus Universitário Trindade, CEP: 88036-970, Tel.: (48) 3233-0390 Ramal 209 - Florianópolis - SC - Brazil
E-mail: sequencia@funjab.ufsc.br