The present study discusses the importance of the Pai Presente, a program
conceived by the National Justice Counsil aiming to assure to human person the
fundamental right to paternity according to the precepts of the dignity of the human
person that covers family relations. Nonetheless, the norms of the program related to
cases of biological paternity disregard the new constitutional concept of family which
is derived from ties of affection. Some normative improvement of the Program is
necessary to reach out to cases of socio-affective paternity that identified during the
implementation of the project, in order to assure to socioaffective children important
legal and psychological effects, resulting from the establishment of paternity in
compliance with the principle of isonomy of the state of affiliation. Based on the
problem caused by the lack of a specific norm, the research identifies the target
audience of the Program and seeks to understand the reasons that made it
impossible to recognize the biological paternity in the processes and, in the end,
finds a large number of cases of socioaffective paternity that did not have the proper
jurisdictional care. Thus, considering the relevance of the bond of affection as a new
criterion for determining paternity, a normative development is proposed to regulate
cases of socioaffective paternity within the scope of the Pai Presente Program.
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