Homoafetividade sob a ótica do direito no Brasil

Abstract

This paper has the purpose to examine the problem of rights of homoaffective unions, from a deeper and more comprehensive approach that considers the legislative technique, due to the hypothesis that we need new rights to contemplate the interests of the group of homosexual individuals because the peculiarities of this union can not be just an analogy to heteros exual relations of marriage or affiliation. The issue of human rights, therefore, was seen in the light of their effects within constitutional standards. What is proposed to continue this search of initial ideas is the conception of new rights, different f rom the institutes that already exist in the Constitution.