BREXIO, R. G.; BREXIO, Rainily Garrido.
Résumé:
The monographic research intends to examine the legal effects resulting from the
recognition of the homo-affective union as a family unit. Its main purpose is to
analyze the absence of a law that regulates the homo-affective union, the
acceptance of this as a family and the confirmation of the homoparenthood, as well
as the rise of tenderness as legal value former of the family. For the development of
this research it will be used the deductive method, making a descendant connection
of reasoning. With the objective of analyzing the homo-affective relationships and by
applying the principles to the specific case, get the peculiarities existing in the
jurisprudence. It will be used the comparative method, comparing the heterosexual
family model and homosexual family model. As a method of procedure, it will be used
the bibliographical, in order to base the hypothesis raised, by the use of doctrine and
jurisprudence. For that purpose it will be discussed the historical evolution of the
family, and the consequent need of the Law to keep up with these changes,
analyzing the effectiveness of the constitutional principles on the Family Law and
new arrangements of the family setting. Given the topic raised, we may ask: does the
absence of a specific legislation keep people who live together in a homo-affective
relationship from having state protection, as well as the legal consequences resulting
from this relationship? The hypothesis that the Constitution assured legal protection
to the many different family entities, including the homo-affective union, once the
Constitution consecrated principles which give it support, implies that the absence of
constitutional legislation doesn’t mean the default of the homo-affective relationship
rights.
