A contemporary perspective of adoption in Brazil : a jurisprudential analysis of adoption by homosexual couples

Derecho y políticas públicas
Luciana Costa Poli

Universidade Estácio de Sá

In this work we research the possibility of joint adoption by families conformed by same sex couples taking into account the decision of the Supreme Court in adpf 132 and adi 4277, which confers these unions the legal status of a stable union. We mean to present the institution of adoption in Brazil from its inclusive conception of family and to try to understand the effect of the Supreme Court’s decision by discussing some votes that have been the object of controversy. This paper was elaborated as a result of the research project: “The possibility of ample adoption by homosexual couples after the recent decisions from the Superior courts”, carried out in 2012 by the research group “Legal center for Public Policy (opur)” of the Pontificia Universidad Católica de Minas Gerais.

Keywords: adoption, family, children´s best interest, stable union, homosexual couples
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