Problemática da adoção por casais homoafetivos: aspectos jurídicos e sociais

Abstract

The present work seeks to analyze the legal and mainly social impacts that the difficulties encountered by homoaffective couples in the adoption process generate in the child's life. Since, despite the changes suffered over the years in our jurisdiction and in our social environment, changes in the concept of family, possibility for two people of the same sex can marry, constitute family, carry out the adoption process, there are still some barriers that need to be broken in relation to this theme, which has as one of its greatest difficulties prejudice. This prejudice is part of even the jurists themselves, for defending a more conservative view with regard to the theme, failing to appreciate what really matters, which is the best interest of the child, the opportunity for her to have a family, to be inserted in the social environment, claiming that the fact that it is a homoaffective couple wanting to adopt will generate more problems than if she will remain in the shelter , without a home, without a family, with no prospect of when to be adopted. The methodology used in the research to make us comes to a way to correct this problem will be that of the inductive method, where we will start from particular cases to reach a general premise.