A ADOÇÃO POR CASAIS HOMOAFETIVOS NO BRASIL: UMA ANÁLISE JURÍDICA E JURISPRUDENCIAL À LUZ DO PRINCÍPIO DO MELHOR INTERESSE DA CRIANÇA

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Authors: Wanderley De Souza Matias
Cited by: 0

Abstract

This scientific article aims to analyze the profound evolution and consolidation of the recognition of adoption by homosexual couples in the Brazilian legal system. With a bibliographic and documentary research approach, the work is based on fundamental constitutional principles, such as the dignity of the human person, equality and the prohibition of discrimination, which have transformed the understanding of what family is in Brazil. The research is theoretically based on the repersonalization of Family Law and the valorization of socio-affectivity, as defended by doctrinaires such as Maria Berenice Dias, Paulo Lôbo and among other doctrinaires. The jurisprudential construction is addressed, with emphasis on the judgment of ADI 4.277 and ADPF 132 by the Federal Supreme Court (STF), and the subsequent decisions of the Superior Court of Justice (STJ). The analysis demonstrates that the centrality of the principle of the best interest of the child has become the central decision-making criterion, making the sexual orientation of the adopters irrelevant in the face of the ability to offer a healthy, safe and affectionate family environment. In short, this change is a true civilizational milestone, ensuring the essential right to family life for thousands of children and adolescents.

Fields of Study & Subjects

Family and Matrimonial Law Brazilian Legal Issues Legal and Social Justice Studies

Publication details

Journal / source
INTERNATIONAL INTEGRALIZE SCIENTIFIC
Volume
6
Issue
56
Publication date
27 February 2026
Language
EN