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Registral, biological or socio-affective truth, which one takes advantage in the conflict case concrete? From the constitutionally law assured to children and teenagers to the with priority protection of their interests, it is asked which effects of the disrespect of the socio-affectivity in the legal determination of the paternity are. It was noticed that, in two distinct resources, judged in the Superior Court of Justice in 2015, divergent positions had coexisted about the criteria of deconstitution of the paternity. Some categories had guided the quarrel: flexibility of alteration of the Birth certificate, voluntariness in the maintenance of the paternal bond, food provision and sustenance of the son, spontaneity in the register saw “adoção à brasileira” (peculiar way that Brazilians use in order to ‘adopt’ a child), ‘feminine treason’ characterizing ‘mistake’ that authorizes the Negatory of Paternity, scapegoating of the woman and protection to the honor of the betrayed man. The confrontation between incompatible interests was observed: of the man to release itself of the parental paper versus the one of the son to have its status of preserved filiation.

Desconsideração da socioafetividade e desproteção à infância: regulação e discurso jurídico sobre a paternidade