União homossexual : uma releitura do conceito de família perante os direitos fundamentais

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

The evolution of family concept linked to human dignity and fundamental rights associated to equality and freedom allows the recognition of homosexual unions as a sort of familiar entity. The many economic and social changes which occured in the past centuries modified the family concept and it began to be understood as a social group shaped in affection and intended to ensure personal development of its members. The Brazilian Federal Constitution of 1988, following the steps of social changes that occured back that time, increased the scope of legal protection given to the family and, therefore, chose the affection as an important factor for its arrangement. From this perspective, the present work is destinated to prove by reasoning that homosexual union, a social reality that lays aside the law, inserts itself in the extent of family relationships, under the penalty of giving contrary interpretation to fundamental rights outlined in the Federal Constitution.

ASSUNTO(S)

homossexuais - casamento (direito civil) - dissertaÇÕes direito constitucional famÍlia - aspectos sociais - dissertaÇÕes direitos fundamentais - dissertaÇÕes

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