A união homoafetiva e suas consequências sociais

Abstract

This paper demonstrates the urgent need to regulate marriages between same sex, since the legislative omission gives rise to discrimination and injustice regarding their rights under this new type of family unit. The exclusion of the homosexual relationship of legal protection goes against human dignity, maximum principle of the Constitution, which radiates to other principles and values such as liberty and equality. Laws must be consonant with the objective reality, and homosexuality is a fact and not a social fiction. The paper outlines the historical origins of homossexuality, the construction of a new family model, the positions jurisprudence, the behavior of other countries on the subject, the social consequences and arguments in favor of legal recogniton of marriagem homo. The line method is based on the doctrine of mainly Maria Berenice Dias which is a main proponent of love between equals. As the helpless legally resort to courts to have their rights recognized, the court must interpret fairly, abstracting from moral and prejudiced thoughts, in order to promote equal treatment to all citizens. This paper reports new possibilities to be defended by the judge in order that everyone can achieve happiness.