HOMOSEXUAL ADOPTION IN BRAZIL: LEGAL ADVANCES, SOCIAL CHALLENGES AND IMPACTS ON FAMILIES

Abstract

The general objective of this study was to demonstrate the legal foundations and controversies surrounding the legal possibility of adoption by homosexual couples in Brazil. The specific objectives were: to analyze the modern concept of family, the elements that characterize it, the constitutional protection afforded to it, as well as some guiding principles of this branch of law, seeking to examine the suitability of each of these items to the unions in question; to highlight the various solutions found by the Judiciary to resolve conflicts related to homosexual unions, since national legislation does not determine anything in this regard; to verify the inappropriateness of treating homosexual adoption as a de facto partnership, due to the presence of a different identifying element. This study is justified by the relevance of the topic, which is the subject of great doctrinal, jurisprudential and social discussion, due to the growing demand for legal actions and the transformations that families and society are undergoing today. The method of approach used will be systematic, due to the need for comparative analysis between constitutional foundations and doctrinal, jurisprudential and legislative analysis, especially in relation to the Federal Constitution of 1988. The performance of this study will require bibliographical research with an approach to the legal field as a procedure capable of helping the researcher to collect information considered relevant to the study carried out. To carry out this study, the content of several works pertinent to the theme of Family Law and Civil Law was used, using them to obtain a personal interpretation on the subject. The analysis presented in this study reaffirms the relevance of the discussions surrounding the adoption of children by homosexual couples, highlighting not only the legislative and jurisprudential advances, but also the challenges and prejudices that this group still faces in contemporary society. It was found that, despite the legal recognition of same-sex unions and policies that aim to ensure their rights in an equitable manner, adoption continues to be a polarizing issue that evokes resistance and stigmatization.