Família homoafetiva: efeitos patrimonais

• Autor(a) principal: Machado, Ana Paula Buonomo
• Data de Publicação: 2009
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/9518
• topic: Homosexuality; Dignity; Property; Direito da família; Homossexualismo; Direitos fundamentais; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Constitution of 1988. A new legal system begins, new framework, with new values and principles, especially of human dignity. This new legal system needs to be applied, the values and principles that shall rule laws should go through all areas of law, guide its interpretation and application. Such bodies include the civil law, which is rooted in the subject, the creditor and owner, worthy of protection. A new civil law begins to emerge in the wake of other values, quite different from those previously found. This change can be noticed especially in family law, which secular culture is rooted in the patriarchal family, the father represents the highest hierarchy of the group and done for ensuring the heritage inside the group and a moral as said socially acceptable , whose values it wants to preserve. This family clashes with the values brought by the new Constitution, and will not be the only fact of its enactment that will make such values overcome that 'moral socially acceptable' to move the protection to the individual in first place, to seek the protection of individual dignity at the expense of property that was once dominant. The law s interpreter duty is make law not only means of maintaining the status quo , but an instrument of social transformation, guarantee that the Constitution is not a mere piece of paper, but real law that compels and change society for which was drawn up. The new family is multifaceted, diverse, able to structure itself in a variety of ways, always searching the better way able to develop the personality of each of its members, to provide a dignified and peaceful coexistence of these members. A socially accepted moral concept is not that previously established by some group as the only possible, but anyone capable of, while keeping the respect of the individuality of each other, to provide the development of his personality according to his conceptions of life with dignity. There isn t a moral concept, but several of it - without prejudice and preconceptions, based on constitutional principles and values of freedom, equality, dignity, forbidding discrimination of any kind. This paper intends to bring some ideas to this difficult task of changing reality, to transform the civil law of the eighteenth century, hierarchical and able to adequately protect only property, into the civil law from the 1988 s Constitution, which seeks to develop the person as individual, achieving their expectations and develop human dignity in the pursuit of a free, fair and solidarity society. It tries to offer alternatives to help constitutional principles overcome the old property s moral concept that s no longer justified in the present legal system.