The possibility of the multiparenting herder in heritage petition

Abstract

The inheritance petition is an essential action in the pursuit of the fundamental right to the inheritance of the one who had his right passed over, an action that seeks the declaration of the inheritance recognition of the ignored heir and his consequent succession patrimonial restitution. The heir who had his inheritance passed over for not being part of the probate and sharing process must plead his rights in court. With the increasing constitutionalization of Civil and Family Law, the person becomes the core of all their relationships, the legal system no longer lends itself to defining families, but to contemplate the rights of families, existing facts and their social context. No longer an end in itself, the institution of the family is now protected with an eye on the human dignity of its members and is seen as a fundamental object in the construction of a just society. In a general repercussion that affects everyone, the Supreme Court has already manifested itself and in this sense: socio-affective and biological affiliations are capable of coexisting, thus, the Law lends itself to guarantee the harmony between such affiliations. The so-called multiparentality also brings consequences to the Law of Inheritance and, being a multiparental heir passed over in one of his inheritance rights, the possibility of having his right achieved via an inheritance petition is questioned. In spite of the law's omission, the institute is currently recognized in doctrine, in courts and notary offices, both themes are shown as institutes that demand a great jurisdictional activism, since the practice will find specificities according to the factual context of each family relationship.