Bad faith as a criterion for the presumption of double paternity: analysis of the sentence delivered by TJ/GO that recognized genetic multiparentality análise da sentença proferida pelo TJ/GO que reconheceu a multiparentalidade genética

Abstract

The present research aims to analyze the possibility of applying multiparenting as a sanction, in view of the sentence handed down in March 2019, by Judge Felipe Luis Peruca, from Cachoeira Alta / GO, which used as a criterion for recognition of affiliation to bad faith of two brothers, who foolishly made use of the condition of being univitelino twins and refused to assume the author's paternity. The following question was chosen as a research problem: Did the magistrate act correctly when using bad faith litigation as a criterion for establishing multi-parenting? The article was developed using the deductive method, since the application of the multi-parenting institute assessed the possibility of bad faith as a criterion for establishing double paternity, the research was developed through bibliographic, documentary, legislative sources, as well as legal texts and articles published on the internet. All legal, jurisprudence and doctrinal grounds were assessed regarding the criteria for the recognition of multiparenting and bad faith litigation as the basis for the presumption of double paternity. Therefore, the evolution of the concepts of family and affiliation is studied, in view of the current family arrangements and the multi-parenting institute, aiming to reinforce the need for a legal system that is not restricted to the mere application of the rules in isolation, due to the constant transformations of society that seek legal support.