QUAIS MEDIDAS JURÍDICAS PODEM SER IMPOSTAS POR UM FILHO À SUA GENITORA, SE ESTA NÃO QUER LHE REVELAR SUA ASCENDÊNCIA PATERNA?

Abstract

This work deals with the possible legal sanctions that can be imposed on those mothers who omit, through an unjustified act, the paternal identity of their children. Such an approach is necessary due to the large number of children without the parent's name in the civil registry; in a survey conducted in 2011 by the National Council of Justice, this number was 5.5 million children, such a count reveals a significant portion of the population that is prevented from fully enjoying the right to paternity, which is one of the fundamental rights enshrined. by the Federal Constitution of 1988. It is imperative that the information on genetic origin does not represent just a name in the civil registry, but it objectifies and makes possible the protection and the duty of care for the paternal ascendants, in addition to contributing to the psychological and emotional development of the child . Taking into account the mother's unjustified omission in not revealing the name of the parent of the offspring, this is an illegal act that is punishable, being the framing in an act of parental alienation with the consequent suspension of the fatherland's power, without prejudice to the conviction in civil responsability. This purpose will be achieved through literature review, jurisprudence research and analysis of current legislation.