Casamento civil no Brasil: novas configurações, novas práticas.

Abstract

Considering that the family remains the largest lead of society,this institute is considered as such in all their various settings modes, since the Federal Constitution reports that is not only the family which passed through matrimony which has the right of this status. So, there are other forms of families, such as the homosexual marriage and stable union. This study discusses the growth of patriarchal example family, with influence of Canon Law, and also the progress in the understanding of homosexual family in Brazil. To the developing of the research we used the bibliographic study, focusing on the constitutional and under constitutional legislation, doctrines, as in the available jurisprudence, confronting the ideas of renowned doctrinaires to reach completion. The study discusses the difficulties encountered by new family configurations front of absence rules, motivated by the predominant Christian ethics. Invokes the analogy, manners, principles, and constitutional provisions to combat discrimination and prejudices brought to the Family Settings which escape the patriarchal standard, to settle lawsuits, with the core principle of Human Dignity, as in the explicit scope of Brazilian Federative Republic to avoid any and all prejudice. It presents as main objective to compare the differences when it comes to marriage between people of different sexes and between homosexual in the Brazilian scene, as the reflexes of this differentiation in the judicial ambit. This monography will travel through some strife covering the relationship between people of the same sex.Concluding that there is no justification for the difficulty of access to marriage for homosexual couples, as this study shows, because no longer is needed, before filling requirements dictated by law: procreation not be characterizing item of marriage, the fact of the heterogeneity of sexes cannot be cause to forbid the marriage, the sexual orientation of the person doesn’t breach other people’s rights, the use of sexuality does not imply the dignity of the human person, there is no constitutional prohibition or infra expressed in relation to marriage between homosexual couples. And to regulate these situations, is needed to create laws and regulations to this minority which is already so actual in Brazilian society.