Abandono afetivo de filhos LGBTQIA+ e implicações jurídicas: uma análise crítica à luz dos direitos fundamentais

Abstract

This article examines the legal implications of the emotional abandonment of LGBTQIA+ children, making a critical analysis in light of fundamental rights. Starting from the concept of human dignity inscribed in the 1988 Federal Constitution, we investigate how prejudices related to sexual orientation or gender identity can culminate in discriminatory practices in family relationships. Through an interdisciplinary approach, this study delves into the nuances of family power and questions the extent to which the Brazilian legal system offers support to LGBTQIA+ children who are victims of emotional abandonment. The aim is to highlight the urgency of a closer look at the Law on this issue, considering contemporary challenges and the need for more effective public policies and legal instruments to combat such discriminatory practices and promote equality and justice within the family sphere.