BATISTA, L. M. O.; http://lattes.cnpq.br/2792494833007370; BATISTA, Luciana Marques de Oliveira.
Resumo:
Adoption is method of placing in substitute family under Brazilian law. It is impossible
to grant this institute to couples who live a homoafetiva. The controversy possibility of
challenging the stigmata that govern the family conservative, based on Biblical
teachings. Therefore, the critical analysis of the topic under discussion come to show
the omission legislation, the various loopholes that the CF/88 shows when he says in
his art. 5 th that "all are equal before the law" without distinction of any kind ", but
also in the code civil/2002, and the Statute for Children and Adolescents. Based on
these legal precepts arises the problem, where people of similar sexes seek your
space, your happiness in the company of his partner (s) (a) and that the union
struggle for a child, so that each time equates to family traditional considered
heterosexual. To better understand the present work of completion of course, there
was the need to divide into three chapters that present their methods of organizing
themselves under the Right to Family, see: First Chapter is made a retraction of the
true meaning of family, their lineamentos histories, their transformations experienced
in the modern world, and yet all constitutional reasons, the second chapter dealing
with the origin and evolution of the institution of adoption, as well as its concept
based in the Civil Code and in the Statute of the Child and Adolescent Moreover, the
legal situation of international adoption, and the third and last chapter explains the
problem of adoption in relation homeafetiva, showing the reality lived and the
contradictions in the legislation, which descaracteriza the effective the institute's
adoption.