(Im)Possibilidade de adoção por casal homoafetivo: nova composição familiar à luz do direito

Abstract

Considering the affectivity as main element of family law, this work will start from the understanding of the family unit , and the new forms of affective relationships arising in the social scene over the last few years , and then enter the institute of adoption. Among the new family models is homosexual union without specific regulation, but without rules seal , so only the sealing of any form of discrimination by the Constitution. After much struggle, recognized homosexual marriage by the Supreme Court, the direct action of unconstitutionality n.º 4277 and accusation of breach of fundamental precept n.º 132 , lock up the battle in enabling the adoption by these homosexual couples , as well as it is afforded to heterosexuals. The main objective is to analyze the subject to the principles and fundamental rights of the Constitutional Charter, together with jurisprudential and psychological understanding, in order to give answers to the topic, and possible solution. Thus, this paper will cover the discussions, theoretical substantiation and concrete cases involving the adoption by homosexual union, in order to combat prejudices met at the expense of the best interests of the child, and resolve conflicts.