A união estável entre homossexuais e suas consequências jurídicas no direito brasileiro

Abstract

It aims at to analyze the legal acceptability of the homossexual steady union and the practical consequences happened of such possibility, leading in consideration the social and jurisprudencial evolution. It briefly analyzes the historical evolution of the homossexualism in the world occidental person, as well as displays some scientific agreements about the subject. It argues concerning the adequacy of the principle of the dignity of the person human being to the subject. It demonstrates the current face of the Brazilian family, the legal valuation of the affection in the family relations and the consequent acceptability of the homosexual union as family entity. It defines the two main legal positionings concerning the acceptability or not of the homossexual union as steady union. It discourses on the absence of regulating specific legislation of the homosexual steady union and the incorrect use of such fact as half to disable the recognition of the cited union for the Judiciary one. It comments the most known project of law in proceeding in the National Congress that it aims at to legitimize the union in guideline. It demonstrates the current previdenciário positioning on the subject. It verifies the legal consequences that the recognition of the homosexual steady union can cause the practical one. Uses the native jurisprudence and the interpretation of some constitutional principles to elucidate the adopted legal conclusions in the present study.