A possibilidade da adoção por homossexuais.

• Autor(a) principal: MORATO, Jorge Luiz Damasceno.
• Data de Publicação: 2006
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UFCG
• Texto Completo: http://dspace.sti.ufcg.edu.br:8080/jspui/handle/riufcg/14495
• topic: Direito; Adoção; Legislação Brasileira - Adoção; Casais Homoafetivos - Adoção; Homossexualismo; Família; Menores; Adolescentes; Adoption; Brazilian Legislation - Adoption; Homo-affective couples - Adoption; Homosexuality; Family; Minors; Adults Only

Problematic the pertinent one to the possibility o f the adoption for homoafetivos inside brings to tona some paradigms and desmistificacions on the current conjuncture of the family of the current society. The controversy of the possibility of adoption for homoafetivos is inserted inside of a boarding on the most diverse aspects is legal, social and pscicologicos they, who in disclose a stigma in addition to them that guided the archaic family conservative. In the search to base and to emphasize the necessity of a solution that can restrain or at least attenuating the omissions of the legislating front to the problematic one, necessity becomes, to adopt as efficient method to the inquiry, the exegetico-legal-comparative degree whose the target i f translates the research of proportioner sources of relative data to the subject, as doctrine, codes, articles and mainly the jurisprudence. The critical analysis of the subject in I appraise comes to show the legislative omission of the State before the interest of a person in adopting another one, only hindered reason the individual chose to inside have diverse sexual orientation of that the nature propitiated to it, to be different o f a heterogeneous society, prevailed for "irretocable" texts of laws that express and guarantee the prerogative of that all are equal in the terms of its ditames. Considering the necessity of if understanding the complexity of the subject the present work of conclusion of the course is divided in three chapters that observe the following structure: first chapter is made a historical analysis of the family, concept, antecedents, the structure of the Brazilian family and the inestimable transformations suffered for the same one, as well as its position in the native legislation, the doctrine and in the most varied scientific areas; as the chapter qence the institute of the adoption in the Brazilian legislation, specifically in the CC of 2002, ECA-Statute of the Child and the Adolescent and in the Great Letter; the third and last chapter clarifies problematic in focus showing the reality and the difficulties faced for the homoafetivos to adopt an individual that it yearns for for a home and a family whom a worthy life provides to it to the the least.