ADOÇÃO POR CASAIS HOMOAFETIVOS: A FORMAÇÃO DE UM NOVO MODELO DE FAMÍLIA

Abstract

One of the great challenges of Brazilian civil law is to adapt to contemporary social transformations and to the understanding of the new arrangements that form other family models of parents and mothers of the same sex. Thus, the theme presented in this study is of great relevance in the national legal system, since it deals with fundamental precepts established in the Federal Constitution of 1988, such as the fight against discrimination and the application of the corollaries of human dignity, isonomic treatment and adoption based on the best interests of the adoptee. In this sense, this work sought to make a theoretical-bibliographic analysis, based on the problem faced by homoaffective couples who seek adoption in the formation of a family. In Brazil, adoption by homosexual couples is legally possible, and this reinforces the idea that the impediments are moral, reflecting a society that despite its constant evolution and gradually changing its concepts, does so slowly. In this way, this work, first, sought to analyze the formation of families in Brazil and its transformations, with the emergence of new family models. Secondly, the adoption in the Brazilian legal system and thirdly, the legal feasibility of adoption by homosexual couples in the democratic State of Law and the current position of the judiciary in Brazil.