Adoção por casais homoafetivos na sociedade brasileira: uma medida eficaz para a concretização do direito à convivência familiar.

Abstract

The positive law must evolve as society advances, over the years, one of the main changes in society was the expansion of the concept of family, so that other family models and branches began to exist, among which the formed family stands out. from a same-sex relationship, a family nucleus that cannot be made invisible by the pre-existing patriarchal model. Based on this assumption, the scope of this work is to carry out an in-depth analysis of adoption by same-sex couples in Brazilian society, focusing on the particularities and difficulties faced by adopting couples and how these can and should be resolved, in the sociological and legal spheres. And with the specific objectives, we sought to understand the legislation regarding the adoption institute in Brazil, in a broad way, in order to later deal more clearly with the absence of a positive right for the family nucleus composed of authors of the same sex, at most there was a need to specify the principles that guide such an institute, as well as how adoption, regardless of family branch, generates benefits for the young adopted person, and same-sex rights must be viewed in a legal, social and egalitarian manner. In this way, it is justified to deepen the discussions to understand the need to affirm rights, generate obligations and duties for couples who seek to adopt and build a family, regardless of the partner they accompany and the family context in which they are inserted, thus seeking indistinct and egalitarian insertion in contemporary times, since, as stated elsewhere, the law must be progressive as society expands and advances. To this end, the methodological procedures used in the construction of the work were the deductive method of approach, the historical-evolutionary and the exegetical-legal, as procedural methods. The research is characterized as exploratory and qualitative, using documentary analysis. The results indicate that there is no scientific research that proves that same-sex adoption affects children or adolescents negatively, whether socially or psychologically, psychological and social fully.