A concretização constitucional da tutela das uniões homoafetivas
type: CreativeWork
description: The concept of family, attributed throughout the twentieth century, has undergone profound changes function, nature, composition and, consequently, the design, especially after the advent of the welfare state. The patriarchal family frame traditionalist, formed exclusively by the union between man and woman, that Brazilian legislation taken as a parameter from Cologne, was in crisis, culminating in his downfall, in legal terms, by the values entered from the Constitution of 1988, which incorporated the changes of values and socio-cultural customs that surfaced in the brazilian post-modern society. Despite the legal character of improvement and also the ideological bias and price undertaking now being given to the constitutional protection built around the dignity of the human person, the fact is that brazilian law does not expressly cover the legal effects of affective relationships, lastingly, between persons of the same sex. The overall objective of this dissertation is to investigate scientifically the evidence of the constitutional protection of same-sex relations, laying the foundation, with support hermeneutical guidelines on standards that ensure the legal bulwark for the recognition of marriages between persons of the same sex on condition of entities constitutionally protected family. Therefore, the scope to address the issues raised during the investigation, the research uses a hermeneutic able to give legal force to the implicit and explicit constitutional principles, among them the freedom, human dignity, equality, affection, solidarity and the prohibition of discrimination of any kind as a means of promoting the recognition of legal protection applicable to same-sex relations. And in line with this approach, also examines the decision of the Supreme Court in the seat of abstract control of constitutionality, which recognized the homosexual union as a family entity, which remains enshrined within the ADI n. 4277 and ADPF n. 132. Research indicates that l…
abstract: The concept of family, attributed throughout the twentieth century, has undergone profound changes function, nature, composition and, consequently, the design, especially after the advent of the welfare state. The patriarchal family frame traditionalist, formed exclusively by the union between man and woman, that Brazilian legislation taken as a parameter from Cologne, was in crisis, culminating in his downfall, in legal terms, by the values entered from the Constitution of 1988, which incorporated the changes of values and socio-cultural customs that surfaced in the brazilian post-modern society. Despite the legal character of improvement and also the ideological bias and price undertaking now being given to the constitutional protection built around the dignity of the human person, the fact is that brazilian law does not expressly cover the legal effects of affective relationships, lastingly, between persons of the same sex. The overall objective of this dissertation is to investigate scientifically the evidence of the constitutional protection of same-sex relations, laying the foundation, with support hermeneutical guidelines on standards that ensure the legal bulwark for the recognition of marriages between persons of the same sex on condition of entities constitutionally protected family. Therefore, the scope to address the issues raised during the investigation, the research uses a hermeneutic able to give legal force to the implicit and explicit constitutional principles, among them the freedom, human dignity, equality, affection, solidarity and the prohibition of discrimination of any kind as a means of promoting the recognition of legal protection applicable to same-sex relations. And in line with this approach, also examines the decision of the Supreme Court in the seat of abstract control of constitutionality, which recognized the homosexual union as a family entity, which remains enshrined within the ADI n. 4277 and ADPF n. 132. Research indicates that l…
author: Oliveira, Ygor Werner de
language: por
keywords: União estável e casamento civil homoafetivo, Princípios constitucionais, Força normativa, Nova hermenêutica constitucional, Concretização constitucional
date published: 2016-10-31
date modified: 2026-07-24T01:20:54Z
provider: Brazil UFRN
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: Brasil