Casamento entre pessoas do mesmo sexo

Abstract

This paper seeks to provide an overview of how the marriage between same sex is addressed both in doctrine and in the current Brazilian law. The work is directed towards addressing how homosexuality is treated from the earliest records dating from classical Greece to contemporary times, and draw a parallel with the comparative law, in order to ascertain to what extent Brazil is outdated in normative terms. In addition to foreign doctrine, the work also has what was the latest in terms of decisions on the subject, and relate the current legal basis with the Tridimensional Theory of Law by Miguel Reale. In short, this essay acknowledges the delay in the legislative treatment of institutes in the literalness of the law, ignoring the possibility of same-sex couples to unite in marriage or in stable union. From this premise and from the logical conclusion that there is an urgent need for constitutional and legal reform, asks whether it would be possible to guarantee these rights to those gay people who want a family.