Annument of the civil registry of paternity due to substantial error in light of new paradigms of family law

Authors

  • Luana Michalski de Almeida Bertolla Londrina State University.
  • Vivian Martins Sgarbi Londrina State University.
  • Rozane da Rosa Cachapuz Londrina State University; Pontifical Catholic University of São Paulo.

DOI:

https://doi.org/10.5433/1980-511X.2018v13n2p168

Keywords:

Recognition of paternity. Annulment of civil registries. Substantial error.

Abstract

Family Law has progressed to new horizons, as the modern individual is regarded as a subject of rights. From this change in paradigms, this paper explores substantial errors, specifically those that can be a motive for annulling the civil registry’s recognition of paternity. In light of this, this study analyzes the possibility of rectifying civil registries, which, in consequence, invalidates the effects of family affiliation. Overall, this paper examines the scope of the Brazilian Constitution’s protection of the family as an institute, details the forms of paternity recognition, presents the definition of error as a pathology in legal transactions, and expresses the academic and supreme courts understanding of the annulment of the civil registry of paternity by proving its substantial error.

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Author Biographies

Luana Michalski de Almeida Bertolla, Londrina State University.

Master's candidate.

Vivian Martins Sgarbi, Londrina State University.

Master's candidate.

Rozane da Rosa Cachapuz, Londrina State University; Pontifical Catholic University of São Paulo.

Juris doctorate.

Published

2018-08-31

How to Cite

Michalski de Almeida Bertolla, L., Martins Sgarbi, V., & da Rosa Cachapuz, R. (2018). Annument of the civil registry of paternity due to substantial error in light of new paradigms of family law. Revista Do Direito Público, 13(2), 168–194. https://doi.org/10.5433/1980-511X.2018v13n2p168

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Section

Artigos