Casamento, união homoafetiva e deveres matrimoniais

Abstract

Homosexuality is a fact of life, competing with the state and the law in a democratic society to ensure the development of the personality of all individuals. The purpose of this study is to analyze the Federal Supreme Court's ADPF No. 132 in light of the principles of Family Law, pointing out its social and legal repercussions. The theme brings new considerations, or even a new perspective for Family Law, as well as the fundamental rights involved. The methodology used in this work is qualitative in nature. The procedures were used as, literary review, documentary analysis. Also, research was done at the CAPES thesis bank, aiming at a better contextualization of the theme. The historical, social, religious and juridical aspects of the present theme were presented, among them, the extension of the matter related to the stable union between persons of different sex and the union between persons of the same sex, constituting as one of the consequences their conversion into marriage, with the silent permission of the Supreme Court. The content of CNJ Resolution No. 175 was observed. The conclusion presents a discussion about the need for a law that will regulate same-sex marriage.