O casamento homoafetivo no ordenamento jurídico brasileiro após a ADPF 132 de 2011
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Date
2019-01-30
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Universidade Catolica de Salvador
Abstract
This research aims to analyze the possibility or not of homoaffective marriage in the Brazilian legal system after ADPF 132. The method used was qualitative, by literary review, use of doctrine and articles and periodicals on the subject. Although ADPF 132 recognized homosexual marriage and Res. 175 / CNJ regulated homosexual marriage, there are obstacles to homosexual marriage in the Judiciary, hence the need to investigate, in the legal system, the contribution of the Principles of Family Law for this admissibility, although not regulated by Law. By the principles of Affectivity; DPH; of Equality; and that of Liberty; which ensure equal treatment, and from the analysis of ADPF 132 and Res. 175, it is possible to affirm that homosexual marriage is admissible.
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Keywords
Uniões Homoafetivas, Casamento homoafetivo, Princípios do Direito de Família, Direitos Humanos