Neoconstitucionalismo e promoção dos direitos humanos: os efeitos jurídicos da equiparação da união homoafetiva à união estável.

Abstract

It's knwown that the society is in constantly on changing process, emerging with it new social relations, including the affective, as, V.G., marriages between same sex. Faced with this premise and in line with constitutional principles, and irradiated by the Neoconstitucionalismo* intrinsically related to human rights, we conjecture about the real possibility of recognition of unions homoafetivas* according to the Office of the stable, applying the same rights to those and obligations. In all, from the viewpoint of the contemporary concept of family, marriages homoafetivas are already being recognized by our courts as a patriotic family entities, and the analogy stuck under the cloak of affection, a value that characterizes all other families overseen by the state. We emphasize, therefore, this work the state's role as primary function of protecting and promoting human dignity, regardless of their sexual orientation.