A União Estável Homoafetiva a partir de uma interpretação sistemática da Constituição Federal de 1988 e o seu reconhecimento pelo Supremo Tribunal Federal.

Abstract

Much has been discussed in recent times about relationships in between same sex people, if they configure or not, an entity family. It is a current question, a social reality which, as everything else that involves Law violation cannot go unnoticed to the eyes of society, wherefore, required its discussion in the Media and Social legal. In reason of the absence of referred legislation, and due to the disagreements of understanding, doctrine and jurisprudence continue diverging from regarding the matter in question. Faced with this impasse, this research studies the possibility of stable homoaffective through its recognition as a family based on affection. The study presents a systematic interpretation of the Constitution Federal of 1988, based on the constitutional principles. It also aims to reveal, through the analogue method, the similarity between a homoaffective union and a common stable union brought by the article 1.723 of the Civil Code; and to examine the constitutionality of the Federal Supreme Court’s decision, which, in the direct action of unconstitutionality, welcomed the equivalence between homoaffective union and common stable union. As for the methodology, uses the method of deductive approach, the method of historical-comparative procedure and the techniques of legal research and bibliographic references. It concludes with the understanding that the homoaffective union is, yes, brace both in the constitutional text as in the completion of the requirements of stable union product configurators.