O ativismo judicial no reconhecimento da união homoafetiva e suas implicações quanto à possibilidade do casamento e da adoção

Abstract

This study aims to analyze the evolution of families, since patriarchy, until nowadays, so we can get to the current scenario of the recognition of stable homo-affective union. Its elementary point, the analysis of ADI nº 4.277, resulting ADPF nº 132, by which unanimously, the Supreme Court ruled that homosexual couples living in stable, have the same rights as heterosexual couples who enjoy this regime. At the most, we attempted to observe the judicial activism exacerbated as the committee, as well as criticized, but necessary, usurpation of Judiciary, for the equality and dignity of homosexual pairs is preserved. Thus, we sought to also examine how comparative law regulated the homo-affective union. Also, has the scope to defend the possibility of marriage and adoption by couples including same sex.