Da possibilidade de adoção por casais homoafetivos de acordo com a legislação pátria vigente

Abstract

This paper aimed to demonstrate the difficulties and obstacles faced by homosexual families in the space of adoption go against what is meant by the Democratic State of Law, as they violate fundamental principles and guarantees, such as the dignity of the human person. This idea arose from the controversy that permeates this institute, that of homosexual adoption, as a way to discuss the impossibility of constituting homoparental families, which is a problem governed by the morality and conservatism present in Brazilian society, which accepts better than a heterosexual couple to abandon child, but rejects a homosexual couple to adopt. To construct the arguments, a bibliographic research method was used, with analysis of texts, laws and jurisprudence and construction of historical, sociological and legal analyzes. It is concluded that, in fact, the democratic method in force in Brazil is not sufficient for the demand of minority social groups and the Democratic Rule of Law cannot be invoked because all citizens are not guaranteed equal rights, so that violate fundamental rights and guarantees and fundamental principles and constitutional principles.