Mães ou pais nunca são demais! os impasses no reconhecimento pleno da configuração de famílias homoafetivas

Abstract

This monograph, configured as a completion of course work, presents the right of joint adoption of children and teenagers by homoaffective couples. For joint adoption, it’s needed that the couple of adopters live in a stable union; homoaffective couples, with judicial decisions of STJ (2011) and CNJ (2013) had their stable union recognized, and if they want, they can have this union converted into marriage; besides that, the ECA (1990) doesn’t have any restrictions about adoptions by homoaffective couples and cares that the best interests of children and teenagers must be met. Such characteristics motivated the study, understanding that the principle of human dignity constitutes a supreme value and that along with the other principles must guarantee all human beings the right to equality and prohibition of any kind of discrimination. It’s a predominantly qualitative research that was done through bibliographical sources, literature reviews and the use of the content analysis technique. It was identified that bureaucratic impasses and social acceptance still interfere in the full recognition of the joint adoption of children and teenagers by homoaffective families in Brazil, pointing out that it is necessary for our legislation to transparently address the various family configurations.