O direito de suceder nas células familiares homoafetivas.

Abstract

For dealing with subject that rees-echo in the law system as a whole, the union affection homosexual, more necessarily the right to occur in the homosexuals familiar cells, is the focus of the research, therefore, knows that the history of the humanity holds changes of values, being the ethical concepts effective o variable in agreement parameters of time and space. In this context, it is understood that the sexual orientation of each individual integrates inherent the subjective complex to its personality and, for consequence way, its exempts manifestation must be object of protection on the part of State that if says Democratic of Right. Before the job the methods description-progress and the exegetic-law whose target if it translates the research of proportioner sources relative data to the subject, as doctrines, codes and articles, searchs to decorate the law reasoning and desmistificacion regarding the subject, evidencing itself it absolute necessity of protection to the friends whom throughout the affection homosexual to coexist, a patrimony constructs, and when it finishes, for death of one of the couple, the survivor is total abandoned for all lack of law support, the grace of the injustices. Of beginning, by means a historical scene of the evolution of the homosexual it is verified that the shunting lines of the "sexual standards normality" were analyzed under diverse approaches, having delimited themselves the all extremities, transferring themselves for expositions of pathological order, psychiatric, perversion and option of life. Soon after, referring points to the origin the family are underlined, being it a fact natura; the family in the present time, revealing it real necessity of that the familiar entity is capable to follow the progress, adding new values that appear to each day in the some societies; one observes the sprouting of plus a family model, the affection homosexual family, consisting of people the same sex and joined also the bow of the affection, treating its social aspects, the vision of the affection homosexual the light of the CF, under the optics of the principles constitutional the equality, freedom, dignity the person human being and unmasking the preconceptions and the outcry for justice. In one it finishes occasion, is given emphasis to the succession in general lines, sending succession to it in the steady union, mentioning itself that the recognition the constitutional level of this, covered, as well as will cover the union affection homosexual, an extensive way preconceptions, but, diversely of this last one, it found greater shelter, not only for the society, as well as ahead of the laws; one is about the utmost importance of the setting of to coexist contract, with I look to protect the partners, being become to minimize the proceeding injustices; the joust possibility of analogical application of the Steady Union the homosexual affection unions and the evidence the authentic right succession in the homosexual affection familiar cells; it is inquired that the production successory effect more is not an end in itself exactly, however natural and a joust consequence the established and based steady unions in the love, independently to be about linkings heterosexuais or homosexuals.