A aplicabilidade do princípio da dignidade humana na união estável entre homossexuais.

Abstract

This work possesss as central focus the to consist of the without application of the principle of the dignity of the person human being, as well as the one of other principles in what it says respect to the questions that involve the affective bond between homosexuals. Through the interpretation of the law method, with the use of codes, they say respect doctrines and articles the homoafetividade, searchs to base and to emphasize the necessity of a urgent solution to the existing impasses between the native legislation and the sexual orientation. Considering the evolution of the social values that emerge in this new century, as well as the rights consecrated in the Universal Declaration of the Human Rights, it intends through a parallel between the between homosexuals union and the steady union to evidence characteristics capable to argue the equalization of this to that one, whose purpose is to attenuate the frequent occured injustices in the legal world. With this pretension, one approaches general concepts and slight knowledge on steady union, homosexuals and homoafetividade, as well as its evolutions and current connotations in the legal scene. It is questioned omission of the legislator in face of the homoafetividade, a time that the Federal Constitution of 1988 contemplates the principle of the equality and the freedom, being for in such a way contradictory its legislative inertia. It is presented ahead situation of the homosexuals of the laws in world-wide and national scope, displaying through a map colored in annex the discriminatory vision of determined countries. By means of the analysis of the three-dimensional theory of the right it emphasizes the necessity of if giving to legality the between homosexuals union, as form of if closing the cycle of all legal phenomenon: fact, value and norm. It is distinguished the advances given for some Brazilian States in relation to this subject. E finally, observes it recent reiterated decisions meaning that innovates in bold judgments that objectify to reach the value justice, by means of legal instruments as the analogy and the general principles of the Right, consonant the article 4° of the Law of Introduction to the Civil Code, whose bigger target is to supply the legal omission, preventing posterior decisions that close the eyes to an irrefutable factual reality.