A evolução dos direitos e o reconhecimento da união homoafetiva e da adoção por casais homoafetivos pelos tribunais e o preconceito social, ferindo a dignidade humana

Abstract

This article aims to analyse, by theoretical method, the possibility of the adoption of children and teenagers by homoafetive couples, nowadays. For that, the significant developments in the jurisprudential scope were addressed, which brought the recognition as family entity into the homoafetive union and, subsequently, the concession to the right of joint adoption by homosexual couples. In addition, has been explored issues about the social prejudice still experienced by this couple, despite of do not exist scientific proofs of any influence about the offspring gender entity. It was observed, consequently, that any kind of discrimination on prohibition to the adoption institute by sexual orientation both of the couple and individual, it will be violating the principle of Human Being Dignity.