The legislative invisibility of the homoaffective family: a reflection based on the judgment of ADI 4.277 and ADPF 132

Abstract

At the present time, the concept of family is not limited to the traditional model, its composition and function had changed in joint with the society, aiming to embrace the diversity of the human relationships. Despite the advances and the growing participation of the LGBT+ in the Brazilian social and political scene, the homoaffective family didn’t have their rights legally consolidated. The judicial mobilization to defense the sexual diversity rights, through the ADI 4.277 and ADPF 132 judgment culminated on the recognition of the stable union and the civil marriage to homoaffective couples, which is a remarkable victory, however, the Federal Supreme Court decision doesn’t offer the same security as a law promulgated by the Legislative Branch. Reason why the present article wants to reflect about the lack of legislative care until the present time, since had passed more than 12 years since the decision that recognized the affectionate relationship between people of the same gender in the Family Law. Therefore, the deductive methodological approach was used, once it’s considered the premise that the Legislative Branch should have been with the Judicial Branch in the recognition of the homoaffective family. It’s concluded, therefore, the urgent need to change the legislation regarding the conjugal relation limited to men and woman.