The Recognition of Homoaffective Unions in Brazilian Law

Abstract

This article aims to analyze the legality of same-sex marriage through a diagnostic study of jurisprudential decisions, to bring reflections of the legal justifications for the realization of unions between people of the same sex being based only on the affective aspect of relationships, in view of the omission of the Brazilian legal system. Although there is still no law that protects the rights of same-sex unions such as those of the traditional family configuration, between man and woman, the jurisprudence has guaranteed to couples in this situation the same rights of the traditional family constitution, considering the affective aspect. But after all, should the legal basis consider affection or constitutional legality? The subject in question has great breadth, since it is closely linked to various branches of law, bringing advances in jurisprudence within the national order. It is important to understand how the legal system has been applied to the regulation of marriages.