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Navegando Direito por Autor "Aguiar, Natália Hellen Corrêa"
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Monografia Acesso aberto Análise de decisões do Superior Tribunal de Justiça dobre Investigação de paternidade post mortem(2020) Aguiar, Natália Hellen CorrêaOBJECTIVE: To analyze the decisions of the Supreme Court concerning the investigation of post-mortem paternity, issued between February 2015 and July 2020. METHOD: Exploratory research was used in terms of level; as for the approach, qualitative research; and with regard to the procedure for data collection, documentary research and bibliographic research were used. RESULTS: According to the Federal Constitution /1988, there is no longer any inequality between the types of affiliation, and therefore everyone has the same rights, and discrimination is prohibited. Recognition of parenthood is voluntary or judicial, as well as presumption. In cases where the parent has already died, it is necessary to carry out a post-mortem investigation. For confirmation, all accepted means of evidence in law can be used, especially the expert test, consisting of DNA testing, which can be done on descendants or collateral relatives when other children have not been left, among other ways. In the case of a refusal to carry out such an examination, the presumption of paternity is applicable, according to Precedent 301 of the Supreme Court. CONCLUSION: Based on the ten selected decisions, it was found that the Supreme Court position to reject provisions regarding the post-mortem paternity investigation in cases of refusal to perform DNA tests or permission to exhume the body of the deceased is majority.