Aplicabilidade de normas protetivas às relações homoafetivas com fundamento nos princípios da liberdade, da isonomia e da dignidade do ser humano

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

This work has as objectives to analyze the homosexuality problems and the affective relationship between people of the same sex at the Brazilian society within the laws view that needs legislative protection ad isonomy principles, freedom and dignity of the human person. In this purpose points the difficulty that a relationship between people of the same sex has to achieve social approval facing prejudice. Seeks to show homosexuality as an intrinsic attribute of the individual, part of his personality and not a simple option. Highlights the conquests obtained trough the doctrines, sentences of the judges and courts sentences, although insufficient to protect or attribute rights to everyone. Researches foreign legislation referring to union or civilian association between people of the same sex, the law projects of our legislators as well its normative advances. Refers to the positions adopted by doctrine, by the Brazilian judges and courts that tries despite the laws omission, cover the gaps through decisions, through not always this positioning is here adopted. Distinguishes the acquired rights, the intended rights and the limits related to the combined adoption. Intends to show the necessity of adopting protective measures and protection rules that fights prejudice once it is cultural and has its roots established from the ancient society. Emphasizes the importance of the constitutional principles of equality, freedom and dignity of the individual and the necessity of its application to the affective relationship between people of the same sex as a condition to make the law to be effective

ASSUNTO(S)

preconceito homosexuality preconceitos e antipatias prejudice direito civil adocao por homossexuais -- brasil homossexualidade -- brasil direitos fundamentais -- brasil

ACESSO AO ARTIGO

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