Adoção na relação homoafetiva: perspectivas e contradições.

Abstract

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.