Os efeitos jurídicos decorrentes do reconhecimento da união homoafetiva como entidade familiar.

Abstract

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.