LEANDRO, L. A.; http://lattes.cnpq.br/1224909631885688; LEANDRO, Lauana Abrantes.
Résumé:
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.