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Adoption of children by gay couples

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1) Homosexuality
1.1) Definitions
1.2) Homosexuality in historical context
1.3) Homosexuality and religion
1.4) Homosexuality and medicine
1.5) Homosexuality and Psychoanalysis
1.6) Homosexuality and the Law in Brazil

2) Family
2.1) Historical
2.2) Family Structures
2.3) Role of family
2.4) forms currently regarded as families
2.5) and Family Member

3) Adoption
3.1) Definitions
3.2) Historical adoption of
3.3) Historical adoption of the Law in Brazil
3.4) sponsorship
3.5) care, guardianship, adoption
3.6) Requirements for adoption
3.7) Steps and criteria for adoption
3.8) Effect of adoption
3.9) International Adoption
3.10) Difficulties in the process of adoption

4) stable
4.1) Definitions
4.2) Union homoafetiva
4.3) and stable relationship homoafetivo

5) Succession
5.1) General Concepts
5.2) in succession unions homoafetivas
5.3) pension rights in unions homoafetivas

6) The Law and Homosexuality
6.1) Why do not like gays
6.2) The law and homosexuality
6.3) Adoption by homosexual pairs

7) The law as promoter of change
8) Bibliography
The adoption is aimed, primarily, to a home full of affection, where the child may have opportunities to develop and become a citizen and, above all, a human being able to enjoy their and other members of our society .
There is a growing interest in the adoption of homosexual pairs of children and the law is unclear in relation to this. Part of the doctrine stands for the vast majority is not set or is against this fact.
In contrast, there is lot of children without families and that could benefit by being adopted by non-conventional family, since these families have a relatively high purchasing power due to the physical impossibility of procreation. 
Definitions of homosexuality
Homosexuality comes from the Greek "gay" which means "equal" to which is added the Latin word "radish", which obviously means "sex." The junction of the two sets a physical attraction, emotional, aesthetic or spiritual beings of the same sex. The term was introduced by the Hungarian physician Karoly Benkert, in 1869. The term first appears as heterosexual in search of Albert Moll in 1893. The term was used transvestite Sexology in 1910 by Magnus Hirschfeld. Popularly, the term gay is the most used in Brazil to designate the male homosexual and the words "dyke" and "lesbian" means the most commonly women.
Studies of Alfred Kinsey in 1949, marked to identify four elements of sexuality: biological sex, sexual identity, social and affective preference. The study says that 10% of the human population has a homosexual orientation, although it is believed, now, that this value varies between 4% and 14%. Some studies suggest the UN as 10% to 14%.
For the psychoanalyst Sigmund Freud, homosexuality would be a way that the human being found to resolve the Oedipus complex in childhood. The Oedipus Complex occurs in the second male child as the man reaches his sexual phallic period, tending to fix their attention on those libidinous of the opposite sex in the family environment. According to legend, Oedipus kills his father and home with your mother, without knowing the links. Discovering he broke his eyes and his mother, Jocasta, is suicidal. His female equivalent is the Electra complex, which rivals the girl with the mother, and where you want to, unconsciously, eliminate it and have the father. According to Freud, the rivalry ended and the children would take the male or female roles. When this happens, the person solve the problem assuming the opposite sex.
Carl Jung said that we have two sexual energy: the animal, which is the feminine energy in men and animus, which is the masculine energy in women, and the burden would be such a person would be the energy in the grounds of homosexuality.
For a long time, the manual of the psychiatric diagnoses consisted homosexuality as a disorder of pathological behavior of order. His exclusion of this category is based on new insights about value judgments.
Recent studies show that there are genetic factors that determine a person's homosexuality. The geneticist Dr. Antonio Quirino, the National Institute of Health USA, claims to have discovered a gene that determines the behavior homosexual. Gleen Wilson and Oazi Rahman, in his book Born Gay: The Psychobiology of Orientation Fri, adding that there are biological differences between homosexuals and heterosexuals and that male fetuses with pre-provision for homosexuality gene are unable to properly absorb the testosterone, so that neurocerebrais the circuits do not develop sufficiently to cause a traction by the opposite sex. For female fetuses, according to Rahman, a protein responsible for protection in the uterus of female fetuses against excessive exposure to male hormones.
Others believe that the environment influences human behavior and determines, along with other factors, to homosexuality. Dr. Daryl Bem of Cornell University, USA, puts the importance of intra-family formation in the determination of homosexuality. Judith Harris tends to enhance interpersonal relationships in determining the person's sexual conduct. According to her, the media influence the sexual behavior of the person.
Most religions consider homosexuality a distortion of the man instigated by forces contrary, known as "evil" and is a flaw in the path to reach the fullness of God through. The destruction of Sodom and Gomorrah are examples of the best known religious wrath of God against the practice of homosexuality.
Studies with laboratory rats, found that over-population, combined with little food, water and space, it causes stress that some individuals become cannibals or homosexual.
Some believe that the male-female, with a predominance of male control, is a way of driving to homosexuality, since the ratio of dominance extends through sex and, therefore, extends to those who have the same sex. It is a dominant-dominated relationship emphasized by sex.
Another theory proposes that homosexuality is an altruistic behavior in which one of the brothers refrains from reproduction to increase their chances of survival of the offspring of other siblings. Another says that the failure of competition for male partners, the frustration turns into homosexuality.
None of these theories is overlapped to the other and no conclusive way to explain it. The truth is that homosexuality is part of the human population in all countries, even those in which the prosecution is strong, and has always existed in all eras of human history. Interestingly, even in societies more open to this behavior, when there was a moral and social repression.
It emphasized that female homosexuality is not talked about or mentioned, and the majority of the strongest convictions is only against the men. The female homosexuality is seen more as a lust for women, but has been and still remains suppressed.
What we can say is that, being so antagonize and suppressed throughout human history and yet there are still people with this sexual behavior, there must be a natural force causing this trend. Given that the social repression is very strong, other than within the individual, it is logical to assume that nobody predisposing them to suffer in the absence of something extremely powerful that lead to such behavior.
Even in countries where, even today, the homosexuality is punished with death or imprisonment, there are reports of its existence. If the fear of imprisonment or death does not alter the behavior of a person, we believe that is superior to the instinct of survival. As above we believe that is an intrinsic part of human beings.
Homosexuality and the historical context
The man of ice, called "Otzi", found in a glacier in northern Italy, revealed a unique fact: besides having died fighting with his enemies, probably had a homosexual relationship before that. Traces indicate the presence of sperm in her body. If this is true, considering that he died around 5000 years ago, it is likely that the history of homosexuality precedes the era.
The North American anthropologist, born in 1901 and died in 1978, Margaret Mead, noted that there are people where homosexuality is not obvious. Our Indians called the tibira of gays and lesbians from sacoaimbeguira. In Angola the homosexuals were called quimbanda and the language of Yorubá appropriate. Candomblé in the language of homosexuals are called monas or adofiró.
In the Bible there are references about the love of King David and Jônatas. Other notes are: "It is an abomination a man lie with another man as a woman or a woman is sleeping with another woman as a man" (Levítico. 18:22; 20.13). "Because of certain abominations such as homosexuality, the earth vomits its residents" (Levítico. 18.25). The New Testament says that homosexuals will not enter the kingdom of heaven "Do not you know that the unjust not inherit the kingdom of God? Do you not deceived: neither the libertine, nor idolaters, nor adulterers, nor effeminate, nor the sodomite "(1Corintios 6.9-10). Given that the New Testament is about 2,000 years and the Old Testament arose during the formation of the Israeli people, well before the New Testament, and if there are convictions and sentences for what is considered serious misconduct at the time, it is true believing that homosexuality existed in scale to cause reactions.
In ancient Greece, love between men was regarded as the highest form of affection, and the relations between men and women were just as plant breeding, not involving what we call today as love. Generally, the relationship goes beyond the sex and a relationship is reflected in teacher-student or mentor-pupil. In the Iliad, the story revolves around the relationship between Achilles and Patroclus, clearly gay. Sparta was common in the homosexual pairs fought side by side, it was believed that this union strengthened the unity of the army and that affection for each other to increase their capacity to fight. Several paintings on ceramics of the period show anal intercourse, and some suggest that it is indeed common practice in banquets or meetings. The word hermaphrodite comes from the Greek god hermaphrodite, son of Hermes and Aphrodite, which summarized the merger of the two sexes, no gender specified. The Greek poet Safo sings, too, love between women. Their home, the island of Lesbos, gave rise to the term modern lesbianism. In Ancient Greece, women were called gay tríbades.
Alexander the Great (356 BC - 323 BC) of Macedonia, had as his great love Hephaistion. Great admirer of Greek culture, has spread the Hellenic culture through their achievements.
The Satiricon of Petrônio, scathing regarding the customs of ancient Rome, tells the adventures of an adult teacher and his disciple teenager, whose family raises the two to sleep in the same room. Of the fifteen Roman emperors, Claudius is considered only heterosexual. Julio Cesar is considered bisexual. About he said "was a man of all women and women of all men." Although common, the homosexuality was regarded as something disreputable to the Romans, since they were created for you and was passive attribute of women and slaves. Among women, Messalina, third wife of Emperor Claudius, was highlighted by their sexual rage. Although preference was for men, does not steal the love with women.
In feudal Japan, around 1637, the practice of homosexuality was called shudo, abbreviation of wakashudo. Was more generally diffused among all social classes and had concepts similar to those of Ancient Greece, often in the form of teacher and student. The woman was seen only as an object of pleasure or reproduction, there is no connotation of what we know as "love" in husband-wife relationship.
In China, the Sung period, 960 and 1127, the lesbianism is accepted as natural result of living of women in haréns. The gay man was severely repressed. In the Ming period, there are references to homosexual love, which, after a ceremony in which he swore eternal loyalty, the man most boy would live in the house of the oldest, being treated by the family as a godson.
In early America, the Mayans believed the homosexuality among young men and women as natural and normal. The Inca and Aztec people believed to be liable to penalty, and the Aztec law included the death penalty for homosexuals. In his General and Natural History of the Indies, in 1535, Gonzalo Fernandez de Oviedo, noted that "in some parts of India, brought as a jewel of a man on the other, that diabolical act of Sodom and nefando, made of gold" . Francisco Lopes de Gomara (1552), also refers to homosexual idols among native Mexicans of Sant Anton: "They found among some trees idolozinho of gold and a lot of clay, two men riding on one another to fashion of Sodom."
At the discovery of the Peninsula of Yucatan, the Spaniards found other evidence that the Mayan sculpture provided unisexual love to worship, "had many idols of clay, as with pretty faces of demons and other as women and other pictures of bags of al opinion that way, were doing sodomy los unos Indians with the other. " In South America, in the Andean region, there are reports that the Spaniards would have melted in Peru, the gold statues depicting anal copulation between two men. A collection of erotic pottery Family Larco, Mochica culture, has different representations of homosexuality. These ceramics dating from the period before 1000 AD The Mayan codices provide references to the goddess Xochiquetzal, a hermaphroditic entity protective of love and sexuality not procriativa. When men had represented his way of Xochipili the name and became the protector of male sexuality and control of sexually transmitted diseases. Fernando Cortez, in his first Letter of Association, in 1519, said "We heard and we were told with certainty that all [the Indians] of Vera Cruz Saone sod and use that abominable sin." Fray Bernardino de Sahagun, in his General History of wool cosas de Nueva España, thus describes: "The patient is subjected abominable, detestable and nefando, worthy of scorn and laughter of people, the stench and ugliness of his sin nefando can not suffer, the sick that question to men. In all it shows female and effeminate, in walking or talking, and it deserves to be burned. " Cieza de Leon, in his Chronic del Peru, reports: "the devil to take more prisoners in the prisons of your loss, and the oracles adoratórios where he spoke with the idol and gave the answers, I think that should be for its service, which some guys from the little churches that were at the time, when they were made the solemn feasts and sacrifices, you and other key, using them in fucking sin of sodomy. "
Description of Brazil in the Treaty of 1587, there are references on the practice of homosexuality among our Indians: "Not content to walk so contentious in lust naturally committed, are very fond of nefando sin, of which there is not outrage. E which serves as the male is to be brave and tell bestalidade by this feat. And in their villages by backlands some public tends to have as many women as the public want. " Gandavo in 1576, provided that: "Some Indians do not know is that no man of quality, the consent or even why the kill. They make the whole exercise of women and men imitate and follow their letters as if they were not females. They cut their hair the same way that males and go to war with their bows and arrows and hunting, always persevering in the company of men. And each one is a woman who serves, who says he is married. And so they communicate and talk as husband and wife. "
Christianity, rooted in Judaism, has brought great punishment to homosexuals, especially in the Middle Ages, where the practice was seen as works of the devil. The disobedience of Adam and Eve to the precepts of God and his consequent expulsion from Paradise, took the original immortality of man and transferred to their offspring. The man is eternal while spreading through their children. As an offspring, of course, is that the practice and sex, so, it has always been seen as a way of transmission of original sin. In the whole Christian concept that man has born with original sin, which is transmitted from generation to generation. The sex was seen only as a means of reproduction and any practice outside this concept was considered impure and subject to penalties. Although there were some lighter sentences for practitioners, as in Wales, where the individual was forced to three years of penance and Burgundy in the VIII century, where the term was extended for ten years, homosexuality was punishable by the death penalty. The Council of Latrão in 1179, declared that homosexuality was a crime and in the centuries XII and XIII's death was the most common penalty for its practice. Due to low population and empty life expectancy in the Middle Ages, homosexuality was seen as the act offensive to the will of God. St. Thomas Aquinas justified the practice just as a sexual and procreation in marriage by God for a remedy to rid the man of your lust.
In Islamic countries where the prevailing Sharia, Islamic law, homosexuality is regarded as the act offensive to the will of Allah and your practice can still be punished by death. Remember that there is no separation between law and religion and all religious laws and are based on the Koran and interpretations of it. In these countries there was no progress concerning the legal position on homosexuality.
The legal crackdown, France, lasted until the period of the Code Napoleon, where homosexuality is no longer considered a crime. Bringing in itself the ideals of the French Revolution of 1789 that were designated by the motto "Liberty, Equality and Fraternity", inspired almost all the European and U.S. constitutions, along with the American Constitution of 1787.
Victorian morality in the end of the nineteenth century dominated the search for explanations of atavism on behavior considered outside the rigid standards established. Some classics of literature like The strange case of Dr. Jekyll and Mr.Hyde of Robert Louis Stevenson (1886) and Frankenstein, the modern Prometheus, by Mary Shelley, (edition of 1831), clearly show that search. The propagation of erroneous concepts of evolution Darwin in his 1859 book, "The Origin of Species" (the original, in English, On the Origin of Species by Means of Natural Selection, or The Preservation of favored Races in the Struggle for Life ), also was a factor inducing confirmation of British economic supremacy, racial and moral. This search was as strong as the fraud that led to the Piltdown Man, human skull that was mixed with bones of monkeys to lead to the idea that modern man had evolved on land English. The Victorian supremacy and moral explanation for atavistic behavior led to the legal prosecution of homosexuality whose most classic example is the conviction of Oscar Wilde, in 1895, two years of forced labor for the same.
The Russian revolution of 1917 abolished the laws against homosexuals. With the taking of power by Stalin, there was a campaign of repression against them, and in 1934, was introduced a law that punished the gay men with up to eight years in prison.
The story is not straight, but filled with advances and setbacks. In Nazi Germany was considered a crime and his practitioners sent to the concentration camps, where they were identified with a triangle of pink color. Often they were castrated and subjected to malnutrition to accelerate his death. The curiosity is that homosexuality was called the "evil German", before the rise of Hitler to power. Probably, the sharp repression is derived from the fact that Germany was militarized and needed, because of this, keep a very masculine form for men.
In 1985, it was considered by the International Code of Diseases (ICD) as a social maladjustment due to sexual discrimination or religious, going to the category of mental disorders. That same year, the Federal Council of Medicine of Brazil withdrew the end of the class of diseases.
Since 1991, Amnesty International has considered the ban on homosexuality a violation of human rights.
In 1993, the World Health Organization removed the word "homosexuality" in the International Catalog of Diseases.
In December 1998, the American Psychiatric Association (APA) is positioned against the healing therapies, as are calls to reverse the attempts aimed at homosexuals heterosexuals.
On 15 March 2001 was approved in Canada that the law extends to gay pairs the same rights granted to the "de facto unions" heterosexual.
On 01 April 2001 the Netherlands became the legal civil marriage between persons of the same sex.
In June of that year, Belgium has adopted civil partnership between persons of the same sex. On January 30, 2003, Belgium abolished all laws that forbade the gay civil union.
In July 2001, Germany endorsed the law establishing the joint contract of life for homosexuals. With this new law, each member of the pair may take the surname of another, and establish issues on inheritance, donations, property taxes, insurance, sickness and unemployment.
On July 19, 2001, the Romanian government approved the decree decriminalized homosexual relations between adults with mutual consent.
In September 2001, Finland adopted legislation providing nearly all the rights of heterosexual marriage to homosexual marriage, but left out the adoption of children, which remains banned, and the use of the surname of the partner.
In Colombia, on November 22, 2001, was approved a bill that legalized homosexual unions in the country. Has not been approved by the House and Senate, but the law is to establish the formation of companies or registered civil partnerships, ensuring inheritance and family assistance.
On January 10, 2002, in California, United States, entered into force that provides law homosexual union with similar rights to heterosexual marriage.
In March 2002, the partners of South African public servants, have been given full rights to pension in case of death of one of them.
In Cehegin, Murcia, Spain, the mayor approved on 08 May 2002, registration for homosexual pairs, aiming to meet all partners, irrespective of sex.
In May 2002, the Board approved the New York State law that recognized partnership between homosexuals, to benefit victims of the attacks on Sept. 11 against the World Trade Center. According to local activists, more than 20 homosexuals died in the attack.
Bueno Aires, Argentina, approved on 18 December 2002, the legalization of civil union between persons of the same sex and recognized as one whose stable companions are more than two years together and recognized the right to become the concubine of service social, or receive pension in the event of death of partner, and share food set for children in case of separation.
On 13 February 2003 the Parliament adopted the recommendation by the recognition of registered partnerships, contracts, cohabitation and gay marriages across the European Union.
On March 16, 2003 came into force in New York on anti-discrimination law for sexual orientation, with the name of the Non-Discrimination Act on Sexual Orientation.
There is a tendency in Western countries and some eastern considering the homosexuality only as an option. Whose government is theocratic or suffer extreme influence of religion, generally, are contrary to the practice, if not illegal and determine penalties on it.
In April 2003, Brazil and 19 other UN Member States, proposed project for the protection of homosexuals by members of the organization. An alliance between Egypt, Pakistan, Saudi Arabia, Libya, Malaysia and other Muslim countries, besides the Vatican and the United States, through abstention, succeeded in preventing a vote on the project, ie homosexuality remains illegal in almost half the countries that form the UN and nearly 70 others have found as a crime and may lead even to death.
Homosexuality and religion
There is no way to talk about homosexuals' rights without talking a little about the position of religions on the subject, as part of the laws derived from the morality arising from them.
To Henry Sobel, President of the Congregation Israelita Paulista RABBINICAL "Judaism sees the homosexual relationship as unnatural, contrary to the anatomy of the sexes, clearly designed for heterosexual relationships. Moreover, the act would not obviously homosexual procreation, which is one of the main functions of human sexuality, although certainly not the only one. It is important, however, make a clear distinction between the homosexual and the homosexual act as a human being. I believe that the individual, if the homosexual has to be accepted by society, regardless of their sexual preferences are approved or condemned. The goal is to integrate the homosexual, not alienate it. The duty of religion in general and Judaism in particular, to extend a hand to those who feel marginalized. Open doors, open our hearts and not discriminate. We are all children of one God. "It should be noted that homosexual relations in Israel are allowed by law from 16 years.
In most segments of Christianity there is a conviction on the practice. The Catholic Church has condemned homosexuality in the 1993 through the encyclical "Veritatis Splendor" (The splendor of truth), launched in October 1993 by Pope John Paul II, "a doctrine that separates the act of the moral dimensions of physical exercise, is contrary to the teachings of Scripture and Tradition: the doctrine is revived under new forms, some old mistakes always fought by the Church, because reducing the human person to a free 'spiritual', purely formal. This reduction ignores the moral significance of the body and behavior that relate to it. The apostle Paul states excluded from the Kingdom of Heaven 'immoral, idolaters, adulterers, effeminate, sod, thieves, greedy, drunkards, uncharitable and robbers "(cf. 1 Cor 6, 9-10). This sentence - taken by the Council of Trent 88 - listed as a deadly sin or infamous practice, some specific behavior, which prevents the voluntary acceptance of believers have part in the inheritance promised. Indeed, body and soul are inseparable: in person, the volunteer staff and deliberate act, they save it or lose it together. "
Some fundamentalist sects like Jehovah's Witnesses are radically opposed to homosexuality. On the website www., lesson 10, that God Hates Practice, is the explicit position on the subject: "fornication: sexual relations before marriage, adultery, bestiality, incest and homosexuality are all serious sins against God. (Leviticus 18:6, Romans 1:26, 27, 1 Corinthians 6:9, 10). Homosexuals are accepted only if taking a life spinster.
For Presbyterians, the homosexuality is unnatural and contrary to their religion, but not the interest of God condemns the human person is gay or not, believing that God loves the person and not the sin. Nehemias Marien, Rio de Janeiro, Presbyterian minister, performs gay weddings and worship with the flag of the rainbow.
Some pastors began Anglicans accept homosexuality as natural behavior and not contrary to their religion. Desmond Tutu, Nobel Peace Prize in 1984, asked forgiveness for the treatment of the Anglican Church to homosexuals, saying that "anyone who is faithful to the teachings of Christ can condemn people based on their sexual orientation." It matches with the gender discrimination of race or gender.
According to Gottfried Brakemeier, Episcopal Anglican Church of Brazil, there are two strong currents in Christian churches:
a) Homosexuality is seen as a serious sin, offense to God, something abhorrent in all its forms, to which relies on the testimony of the Bible. It is considered a deviation from the original order of God who created man and woman in marriage as being the place of the experience of sexuality and procreation of offspring. Homosexuality is not innate or pre-set, so is not part of the constitution of human beings. On the contrary, it would be able to be modified by treatment or effort itself. Do not submit to such treatment would be unjustifiable act. Under these assumptions, of course, there is no place for people homófilas the ministry of the church. Discrimination is consciously assumed.
b) The second position supports homosexuality as something perfectly normal, always existing in the history of mankind. This would be a pre-arrangement of the person, impossible to be corrected. Accordingly, there is nothing invidious in the relationships of homosexuals. The biblical passages, given as counter-evidence, they were referring not to homosexual orientation as such but rather the abuses in this area. It, therefore, to recognize homosexuality as equivalent to heterosexuality and allocate it the same legal support. Call such groups as Christians, free access to the ministry of the Church and the blessing of the marriage of same sex partnerships. Fighting at the end of any discrimination in church and society.
In Islam, a radical position on this. The relationship between two men, called lauat, or between women, called sehak, can be punished with death, especially in countries where sharia is used as a source of law. According to the sheik Movaffagh Kaebi, the Islamic Center in Brazil, CIB, "God created everything as male and female. In a matter of Islamic law, for example, a man can not marry a sister of another man with whom had sex. " Khazraji to Nasser, the homosexuals should seek psychological treatment, the position shared by Paloma Awada, also of the CIB, which cites Freud and the theory of trauma: "We see homosexuality as a problem that we must cut the roots." Being part of great influence in thought, behavior of people and the establishment of social parameters, the religious concepts are extended to the concepts of law. In cultures where the prevailing lack of separation between law and religion, the standards are the order of religion. For countries that adopted the Islamic Sharia, the Koran, which simply means "book" is the main source of Islamic jurisprudence followed by the Sunnah (life and ways of the prophet). Other sources are the Ahadith (narrations of the Prophet), the Ijma (community consensus), the Oiyas (reasoning by analogy), Mujtahidun, used for situations where the sacred sources not provide specific rules and, in some cases, the Al-urf (local customs).
Basic point of the positioning of the Judeo-Christian religions, Islam is the concept that sex should only be used for reproduction and that they occur outside of that standard is conceptually a sin against the divine laws. It is important to emphasize that these religions have been or are used as source of law.
Some Eastern religions, geared more to the improvement of the individual, are more tolerant with respect to gender. According to Buddhist Caioco Nagawa, their religion preaches tolerance for individual choices in any aspect of life, as it includes sexuality.
Luciana Ferraz, coordinator of Brahma Kumaris Spiritual Association, says that homosexuals are completely accepted, and, in Australia, the association has a service that promotes spiritual retreats and spiritual courses exclusively for homosexuals.
For religion Kardecista, according Mariuccia Marciano, "the spirit has no sex, has the potential male and female, who after many incarnations reach a balance." While accepting the fact, the Kardecista took the position that homosexuals should be unmarried. In theory Kardecista homosexuals are female spirits that reincarnate in male body as a waiver of past mistakes.
In Candomblé, some of the gods are male and female characteristics mórficas or some aspect that combines the two sexes. Logunedé, son of Oxum with Oxossi has both sex; Oxumaré can be male or female due to a serpent sacred and May, the father of all gods, is always dressed as a woman.
A Seichi-no-ie sees homosexuality as an abnormality of the expression of sexuality, not taking a stance in favor or against. However, their attitude is to people to express inner perfection, playing it outside in full expression of male and female characteristics.
The Hare Krishna religion believe that homosexuality comes from the karma of the person and that comes from their attachment to the body before. Woman born in another incarnation, it still maintained its shape within the female body of a man.
The Church of Jesus Christ of the Latter Day Saints (Mormons) are openly declaring that homosexuality is an aberration, based on statements of the Bible, believing that it makes the formation of a family, a plan of God (Grow and multiply you!).
In the Seventh Day Adventist Church accepts the homosexual, but condemns the homosexuality, believing it should not increase or adopt a culture that promotes it. The same position is adopted by the Baptist Church.
Basically, no religion accepts homosexuality as natural in a society. Some tolerate the fact, but the majority is against, when it is not radically. The few that do are exceptions and badly seen by society. Positions favorable to homosexuality are few and usually result in reactions.
Currently, there are churches formed by homosexuals who found this way to cultivate spirituality within an environment which is favorable due to the rejection or partial acceptance of his behavior. In 1968, Troy Perry founded the first evangelical homosexual community called Universal Fellowship of Metropolitan Community Churches (UFMMC). Some groups were also formed within the religions, even if not officially admitted. In 1976, two years after the Lutherans have organized the Lutherans concerned, other communities were formed in several gay Christian religions: the Affirmation (United Methodists), the Integrity (Episcopal), the Dignity (Catholic), the Affinity (Adventists of the seventh day), the Convention of Catholic Lesbians, and Friends of the affairs of interest to lesbians and Gueis (Quaker) and Association for the Lesbian and Gueis Affairs at United Church of Christ.
Homosexuality and medicine
By the end of the nineteenth century, the homosexuality was considered a sin and man's misuse of conduct. Until the extinction of the Holy Inquisition and the decriminalization of 1824 granted by the Constitution and the Brazilian Penal Code published in 1830, was considered sin and punishment by the Church to be given by the state, usually death. The medieval medicine considered the incipient homosexuality as a contagious and evil from a genetic defect.
With the advances in industrialization and science in general, studies on homosexuality have become order of medical. No longer a sin and is now considered a medical problem. In Brazil, the studies had a major influence of the Spanish doctor Gregorio Marañon, in the 30s of the twentieth century. Gregory claimed that the sexes are not opposite poles and antagonistic, but are distributed in an ideal male and female, influenced by hormones. The configuration of the individual would be the sexual mixing of male and female characters and the result would be due to hormonal balance. Between the two pure theoretical and practically the whole of humanity would not exist.
Being regarded as a disease, studies were performed to verify possible physical differences between heterosexuals and homosexuals. In Nazi Germany's darkest periods, experiments were made infamous as the deployment of monkey testicles to homosexuals, in an attempt to reverse the process.
Until the 80s of the twentieth century, the most common classification for homosexuality was a perversion of sex. In the Brazilian legal-medical literature, there are the statements of Delton and Delton Croce Croce Jr., that homosexuality is a freak and sexual perversion. We used the words "Uranus" to practice sexual men for lack of women, "sodomy" for relations between a man anais adult and a child, "sodomy" for sexual practice among adult men, "lesbianism" in the practice masturbatória sex between women, "safismo" to refer to sucking on the clitoris for women and "tribadismo" to the friction of the female sexual organs.
The neuroscientist Simon Lee-vay identified homosexuality as a cause of the reduced size of the hypothalamus of men, whose dimensions were similar to those of women. Between 1991 and 1993, two studies were published in the journal "Science", where autopsies performed on 19 homosexual, 16 heterosexual men and 6 women, led to the conclusion that the hypothalamus of gay and women had half the size of heterosexuals, which would a biological explanation for the fact.
Another "scientific discovery" was the famous "gay gene", where research on 40 families who had two gay brothers, revealed that 33 pairs of chromosome were mainly on the mother, indicating a correlation between homosexual orientation and the inheritance of markers on chromosome polymorphism X.
The World Health Organization in 1991 and 1993 with the revision and publication of the 10th edition of International Classification of Diseases - ICD 10, does not consider homosexuality as a mental illness.
The Federal Council of Medicine in Brazil, since 1985 does not consider homosexuality as the most sexual deviation.
The American Medical Association and others no longer consider homosexuality as a manifestation of any disease. Since the DSM III - Diagnostic and Statistical Manual - the male or female homosexuality ceased to be regarded as corruption and is now seen as style of behavior.
However, as I said, history is not linear. In an article published in New York Magazine in June 2007, appears the word "Gaydar" that scholars seconds is a kind of intuition that shows the details and characteristics of the person is gay or not. For the "Gaydar," a guy who is gay is like. Must be the repetition of the old joke of "was, is or will be." The studies argue that there is a higher incidence of left-handed and ambidextrous between homosexuals that their digital of little finger and thumb are thicker in the left hand and the direction of the swirls in cocuruto are anti-clockwise. As you can see, seems to have a new face to pseudociência of phrenology, which sought to establish the relationship between "psyche" from the physical details of the head. A study of the forms of the head of the person could identify the nature and possible carriers of perversions. The head of the bandit Lampião and his partner Maria Bonita were maintained at the Institute Nina Rodrigues, in Salvador, as objects of study such strange theories. They say, besides bandit, Lampião was bisexual.
So far there is no medical explanation for homosexuality and all theories were flaws in some aspect, showing that they are not correct. Some chains are totally against any biological explanation on the matter. Typically, these currents are groups that believe that homosexuality is a problem of moral order. If biological, against all arguments, or would be as natural as heterosexuality and that admission demolish some of the truths in which they support.
Homosexuality and Psychoanalysis
Caelius Aurelianus considered after Galen, the most prominent physician of antiquity, and that heralded against the indiscriminate use of music against the madness in the V century, the ancient Rome, described the reversal of passivity and male sex roles and mental disorder.
Freud, in his text "The Psicogênese a case of homosexuality in a woman", in 1920, attempts to understand the origin of homosexuality through the female castration complex or envy of the penis. According to their study, the change in the couple studied occurred when her mother became pregnant the third child. As the couple was considered the mother substitute, had a desire for incest with her father. Can not satisfy him, went to see the mother as rival and as a result of their disappointment, moved away from the men and began to identify with the father, with their attitudes. His homosexuality serve two purposes: to preserve the mother of his hatred and challenge and punish his father. The basis for male homosexuality would be the unresolved Oedipus complex where the interest in the mother as object of desire is shocked by the hatred against the father, possessor of the object. To evolve, the child will identify with the father, giving it the same characteristics as male. However, when poorly resolved, the power to induce sexual hatred against the father and his identification with the mother. For Freud, the homosexuality was a variation of sexual development.
Contemporary of Freud, Carl Jung says that homosexuality is the result of overload between the male energy (animal) and female (animus), present in all people.
Until 1973, the American Psychiatric Association considered homosexuality as a mental disorder. Thereafter, came to consider it as a reflection of social and political realities.
Judit Harris, American psychologist, believes that the experiences outside the family, are factors that weigh more in the development of personality, which includes homosexuality.
Since 1993, The World Health Organization removed the word "homosexuality" in the International Catalog of Diseases, which the Federal Council of Medicine had recognized since 1985. In December 1998 the American Psychiatric Association (APA) is positioned against the "healing therapy" - as the therapies are called to "reverse" homosexuals in heterosexual.
As in medicine, there is no conclusion on the emergence of homosexuality in person. No data is certifying whether genetic, psychological or about its genesis.
We have always carried the thoughts creating opposing poles to identify the same. The Chinese Yin Yang, the concept of Heaven and Hell, Good and Evil, Beautiful and Ugly translations are strong in our way of thinking. To understand we need something to compare it to the opposite to have a better understanding. Interestingly, we consider the ways of man and woman as opposed to almost never as complementary. The existence of intermediate stages or the merger of two immiscible believe that takes a bit of our understanding. We understand well the white and black, but we illustrate the gradations of the resulting mixture of both. If someone asks us what the definition of gray, our first response is that is a mixture of white and black. Often forgotten that the gray is a color itself.
Homosexuality and the Law in Brazil
The Ordinations Afonsina, enacted in 1446, of King Afonso V of Portugal, stated in his Book V, Title 17, the penalty of fire to which it considered "the greatest sin of all dirty, nasty and dishonest."
In 1521 came the Manueline Ordinations, which added to the penalty of death by fire on the forfeiture of property beyond the infamy of the children and descendants. The homosexuality was considered a crime of lèse-majesté.
"Every person in any capacity whatsoever, that sin of sodomy by committing any way, whether done by fire and burned powder, so that your body and not the burial may be memory, and all their goods are confiscated for the Crown of our kingdom, as has descendants, and even if their children and grandchildren will disable and infamous, and those who commit the crime of lèse-majesté. And we want this bill to extend and take place in women, with each other to commit sin against nature and the way we said to the men "
On February 14, 1569 they were repealed by the Code of St. Sebastian who was replaced by Ordinations Philippines which ran from 1603 to 1830.
In Letters of royal donation of captaincies inherited in 1523, is given the death penalty for the sod, which could be applied without prior consultation to Portugal.
Besides the legal provisions, it emphasized that there are religious rules that were applied by the Holy Inquisition. At that time, church and state were separated, and although the Church could not run the individual, it could process it and, after the verdict, delivered it to be punished by the state. No separation between Church and State, which only happened in the Constitution of 1824, the secular and religious laws were considered to come from the same power.
In 1580, Isabel Antonia, born in the city of Porto, as lesbian, is processed by the Bishop of Salvador. Probably it is the first record of punishment given to a woman for this type of behavior.
Father Frutuoso Álvares, the Bahia is considered the first homosexual to be questioned by Brazilian Inquisition in Brazil in 1591. In his testimony, admitted that it was active and passive and had been linked to more than 40 boys.
In 1592, in Bahia, is a publicly hit lesbian Felipa de Souza. It was literate, seamstress and married to a baker, but had lasting relationships with other women. In the beaten, suffered severe punishment for it. His name was given to the main prize of international human rights of homosexuals.
The Indian Tibira a Tupinambá, is run by Capuchin French, being considered as the first gay sentenced to death in Brazil in 1613. As stated earlier, tibira was the name the Indians gave to our gay, his name should be different, therefore. In 1678 a slave is beaten to death for the crime of sodomy.
With the end of the Court of Inquisition and influenced by the Napoleonic Code, the Criminal Code of 1823, which became effective in 1830, the decriminalized homosexuality.
The constitution granted in 1824 established foundations for the right of individuals, through its Article 179, which guaranteed the inviolability of civil and political rights of Brazilian citizens, and stated in its Article 1. that "no citizen shall be compelled to stop or do anything else under the law."
In the nineteenth century, homosexuality has to be seen as a disease, which has not prevented it being suppressed by other laws. His practice was considered to attack the moral and morality.
In 1930, the Legislative Commission created a draft new Penal Code for Brazil, which provided that "the libidinous acts between males are repressed when cause public scandal, imposing to both participants detention of up to one year" . This code was not approved and the bill not in the Penal Code of 1940.
In January 2001 was established in Brasilia, the Dial Homosexual Citizenship, to combat abuse against homosexuals. If this year is the Néris, where the murder of Edson da Silva Néris by Juliano Filipini Sabino, José Nilson Pereira da Silva was considered a crime of hate and intolerance characterized as to homosexuals.
On 14 March 2001 to 7 th Civil Chamber of the Court, in Porto Alegre issued a decision recognizing the union of homosexuals the same rights granted to the stable, upholding the meação to partner, not as a society in fact, but a Society of affection. Does the text:
"Do not allow more of the self ignore the existence of unions between persons of the same sex and have legal effects derived from these relations homoafetivas. Although permeated by prejudice, are realities that the judiciary can not ignore, even in its natural activity retardatária. Nelas consequences remain similar to those applicable in the relations of affection, is always seeking the application of analogy and general principles of law, relief when the constitutional principles of human dignity and equality. ".
In May 2001, the National Social Security Institute (INSS) assured the payment of pension to widows of homosexual marriages, extend to graduates before 2000.
On October 23, 2001, the justice of Minas Gerais, in a decision issued by Vara Criminal Judge of the Juvenile and District of Santa Luzia, in the metropolitan area of Belo Horizonte, gave the pair homosexual José Geraldo Dias and Jarbas Santarelli Harbor, the right to create and educate a girl for two years, daughter of Jose Geraldo Dias with maid Ilma Ogando.
The governor Geraldo Alckmin, on 05 November 2001, endorsed the law which punishes 10,948 discrimination in the State of São Paulo, against sexual orientation.
On 08 December 2001 is sanctioned by the governor of Rio de Janeiro, Anthony Garotinho, the State Law 3406 of 15 May 2000, establishing penalties for establishments that discriminate against people because of their sexual orientation.
09 In 2002, by decision of the 3rd. Vara Federal Court of Rio Grande do Sul, the INSS is obliged to consider the companion or partner and dependent homosexual preference of policyholders of the General Administration of Social Welfare. The award is valid for every country.
In Minas Gerais, on January 15, 2002, Governor Itamar Franco, the law punishes 14,170 curb discrimination because of sexual orientation:
On 16 March 2002, the city of Recife, in Pernambuco, including the granting of pension benefits in case of death, the companions and children of public servants homosexuals.
Enter into force in Rio de Janeiro on 20 March 2002, the State Law 3786, which guarantees the rights to pension fellow servers state.
On March 27, 2002, is recognized by law 4798/02, in the municipality of Pelotas, Brazil, the union between same sex partners for purposes of municipal plans.
In Rio de Janeiro on 10 April 2002, the desembargador Murta Ribeiro José Carlos Schmidt grants injunction making void the State Law 3786, which grants pension rights for homosexuals.
On May 14, 2002, the City of São José do Rio Preto, in São Paulo, approved the draft law 181/01 which prohibits discrimination by sexual orientation.
On May 23, 2002, the House of Councilors of Londrina, Paraná, 117/02 approving the law, which punishes with fines any establishment which discriminates homosexuals.
On 06 August 2002, is published ruling of the 8th. Civil Chamber of the Court of Rio Grande do Sul, acknowledging and legitimizing the stable union of persons of the same sex as real family, with 25% of the enjoyment of property and the surviving partner entitled to half of the division of property acquired.
On December 16, 2002, in Rio Grande do Sul, the project is approved Law 185/02, which prohibits discriminatory actions against homosexuals.
On 04 April 2003, Santa Catarina promulgates law that punishes discrimination by sexual orientation.
On April 30, 2006, the Center for Women resocialization of San Jose do Rio Preto, interior de SP, will allow visits to intimate homosexual (The State of São Paulo Metropolis, Sunday, April 30, 2006, SIQUEIRA CHICO, SPECIAL FOR THE STATE).
Some projects bill condemning the sexual discrimination are dealt in Congress, but facing resistance above the benches evangelical led by Senator Mark Crivelli, nephew of the founder of Universal Church of the Kingdom of God, Edir Macedo. Support from the project is that pastors and priests may be arrested if preached against homosexuality. From my point of view, the secular state, the supremacy of law must prevail over the religious dictates, and approval of these projects would range from national laws to laws already approved previously by some municipalities. Pope Benedict 16, on visit to Brazil in May 2007, said he showed deep respect for the secular state in Brazil. Second sentence provided by the Foreign Ministry, "knowing the religious qualities of Brazil, I mean that our commitment is to preserve and consolidate the secular state and religion as a tool have to deal with the spirituality and social problems," said the president would have.
Given that the prevailing spirit of the Constitution on the rules and does not allow any discrimination in regard to sex, establishing equality of all before the law, we believe that a discriminatory act, regardless of approval or not of the Bill is to be punished. The approval of these projects would, alone, more clarity to existing laws. However, you should establish more clearly what is already established and, so, the approval of these projects is of great importance not only from the legal point of view but also from a social and cultural. You can start to change a thought contrary to the dominant dictates of egalitarian constitution typified by a few words of crimes, to include them in our codes. 
Historical evolution of the family
The term "family" is derived from the Latin "famulus" which means "household slave", a term created in ancient Rome to describe a new social group that emerged from the Latin tribes, to be made to agriculture and also legalized slavery.
While Engels has said that in a period of transition from stage to the human animal, "each woman belonged to each and every man to every woman," do not believe this has any scientific basis. Even in groups of animals are mating or standardized forms of what we mean by marriage. As we are social animals and our evolution there just for that factor, I conclude that rules should already be set in the same stages most primordial of our society. As a focus of social conflicts, it is fair to assume that without the establishment of rules concerning the formation of pairs and families resulting from the same we would not have continued with our development. Even in most primitive societies have rules about sexual relationships and formation of families. Although less common in societies in polyandry marriages, polygamous or at the junction of the two, there are rules for society to remain stable within the concepts and culture themselves. The latent promiscuity in the sentence would be more related to small groups and special situations and not for an evolving society.
Certainly, the first thought that comes to our heads when it comes to family, is the traditional concept of father, mother and children. Essentially the traditional family is a group of people linked by ancestry to a common ancestor. This concept may be called nuclear because it considers only the family isolated from society.
According to Atkinson and Murray (cit. by VARA, 1996), the family is a social one, comprising a group of individuals, each with a role, although different, represent the operation of the system as a whole.
The Constitution of 1988, in his art. 226, defines family as:
§ 3 For the purpose of protecting the state, is recognized as the stable union between man and woman as the family, the law should facilitate its conversion into marriage.
§ 4 It is understood, too, as the family the community formed by any of the parents and their descendants.
The family is a rather complex system because:
a) each one is unique because it differs in size, the elements that compose it and their own values.
b) it is an interactive system, where any event affecting an element extends to others. It also interacts with other groups in society.
c) has various stages of development according to the evolution of its own members. Each member plays a role it was assigned or to which it attaches.
The first phase of the family is patriarchal or tribal, where a chief or patriarch administers the family under his command. Virtually no one can speak of a single family because it goes out naturally. This is more correct to speak of family groups, since it is based on whole society.
The first is the evolution of the family clan, which brings together more distant relatives, usually united by ties of blood. The clan is the overlap of families under the command of a group or a patriarch. Probably, the State is derived from these groups.
During the Middle Ages, people began to connect by marriage ties, forming new families. Addition to these new families the offspring generated by both the maternal and paternal lineage. Due to the immobility of people in that period, where the villagers lived and died virtually in the same place, this form of family was stable up to the French Revolution where the migration to cities has become more frequent.
With the advent of the Industrial Revolution, the concept of the family returned to its stage almost nuclear, since the relations of blood no longer have the strength they had in the Middle Ages. However, there will be a fundamental change because the education of children is no longer exclusive allocation of the family and began to be a responsibility. The Brazilian Constitution of 1824, in his art. 179, in his art. 25, abolishes the offices of corporations, their judges, clerks and teachers, taking the exclusivity of vocational education and those in his art. 32, provides free primary education to all citizens, although not considered as the education requirement of the state.
With the Decree No. 181 of January 24, 1890, went into effect in Brazil, the marriage as the only means of establishing legitimate family. In the Constitution of 1891, in art.172, § 4, the Republic does not recognize the marriage, the celebration will be free. Although not explicit, the right of free education is still in the form of art. 83, where he says "still in force, unless repealed, the laws of the former regime as they are not explicitly or implicitly in the system of government established by the Constitution and the principles contained therein."
The first text to bring legal standard companion was beneficial to the Decree No 2681 of 07.12.1912, which provided for the corporate liability of rail track in the event of death of passenger, to provide compensation to their dependents, including the companion .
In the Civil Code of 1916, the family that is based on procreation, the formation of labor in the collection and transfer of assets, and source of individual learning.
Law No. 3724 of 1919, the stamp labor, compared to companion to wife, from which it sustained by man.
The first welfare legislation that established the right partner was the Decree No. 20465 of 1931, which established the pension rights partner since employed the term "woman" and, by interpretation, be applied also in cases of women not married.
The family firm is legally indissoluble as the Constitution of 1934, in his art. 144, and ensures protection of the state entity. It innovates in that it recognizes in its art. 146 the same civil effects for religious marriages, where they meet the provisions of law and civil registration in the Civil Registry. Also legally recognized in the art. 147, the right of recognition and natural heritage for the children. As for the education of children, the art. 149 guarantees the right to all and says that should be provided by family and by the public, free of charge, in full and compulsory primary education.
With Law No 883 of 21 October 1949, had the child out of wedlock may be recognized by any of the parents.
In 1960, Law No. 3807, the Law of Social Welfare, made the name of the partner as dependent, in the absence of dependent specifically mentioned in law.
In 1962, the Status of Married Women, Law No. 4121, opened the emancipation of women within marriage, moving the status of respect for absolutely unable able to acts of married life, to be her husband's collaborator in society marriage.
The Constitution of 1967 maintained the civil indissolubility of the family (art. 167), making the teaching of seven to fourteen years, being free at the primary officers (Article 168, paragraph 3. Inciso II).
In 1973, Law no. 6015, Public Records Act, authorized the woman, single, widowed or legally separated, companion of man, too, single, widowed or legally separated to require registration of the name of the companion in his record of birth.
The wedding was for a long time, the only legitimate way for the formation of family. This principle was maintained in the constitutional texts of 1937, art. 124; 1946, art. 163, 1967, art. 167, 1969, art. 175. In 1977, Law No. 6515, known as Law of Divorce, has the indissolubility of civil marriage.
The right extends to the elderly is the only state in the Constitution of 1988, called "Citizen Constitution" for his concern to establish the rights of individuals more suited to current needs and limit the powers of the state. Thus, it ensures social assistance in their art. 203, the family more widely, from securing rights to motherhood to old age, including assistance for the disabled.
Article 203. Social assistance will be provided to those who need it, regardless of contribution to social security, and aims to:
I - to protect the family, to motherhood, the childhood, adolescence and old age;
II - the support to needy children and adolescents;
III - to promote integration into the labor market;
IV - the empowerment and rehabilitation of persons with disabilities and promoting their integration into the community life;
V - the guarantee of a minimum wage of monthly benefit to the handicapped and the elderly who have no means of proving to provide the maintenance or have it provided by his family, as provided by law.
In his art. 205, establishes education as a right and duty of all of the state and family, to ensure the development of a person, professionally and as citizens.
One of the great achievements of the family was the consecration of the legitimacy of the entity without family index it to marriage. The stable non-marital union between man and woman even had a supporter of the law based on marriage.
In 1994, under Law No. 8971, which, together with the Law no. 9278, 1996 procedures have the right to food and inheritance by regulating the art., 226, § 3 of the Constitution of 1988.
Some overviews set some parameters for the rights of concubines:
35 Summary: "In case of accident or the work of transport, the concubine is entitled to be indemnified by the death of amásio, among them there was no impediment to the marriage."
Summary 380 "proved the existence of society in fact among the concubines, it is appropriate to its legal dissolution, with the sharing of assets acquired by joint effort."
Summary 382: "The living together under one roof, 'more uxorio', is not essential to the characterization of concubinage."
Summary 447: "It is a valid testamentary provision in favor of adulterous child of the testator with his concubine."
Family structures
According to the dictionary Aurélio Buarque de Hollanda, the definitions of a structure is "the way a company or a specific sphere of social life is organized according to the basic institutions and the activities and relationships that exist between them" or "the arrangement of elements or parts of a whole, and how these elements or parts relate to each other, and determining the nature, characteristics or function or operation of the whole."
The family structure consists of a set of people interact, according to the positions they occupy.
The basic structural forms are married, single and enlarged. The marriage is the one formed by the couple and their children, and that inhabit a common environment. We can call it nuclear because it is the basis of a society. It is the basic idea of the family as we understand it at the beginning of term. The single is the one formed by single parents due to phenomena divorce, death, abandonment of homes or other factors that reduce the conjugal family. The extended family that is structured within a nuclear family which is added to the upward and downward. Form is for parents, grandparents, children, grandchildren and relatives with high affinity. The extended family is the basis for the clan.
There are other types of families that are called alternative families gay community and families. The family community is one that is governed by the communal principle where there is a very strong among the members and where the accountability of all by all. Small tribes are typical of community where all families seeking care for the well being of the same next to him in return. The gay families are formed by individuals of the same sex, usually a pair, and that may include one or other adopted children and biological children of their partners.
Role of family
There is no survival for the individual in the early stages of his life if not inserted into a nucleus that has a familiar concept. Regardless of the type or structure of the family, its size or its composition, not the person she seems physically, when in their early stages of life. We have some characteristics that we push to keep us naturally grouped into families. One of these features is the neotenia.
Neotenia is the retention of juvenile characteristics in adult form. Our brains were small and expand it as we grow. Our skull bones are soft and open so they can make room for a greater volume of our brain. The human being is the animal that has the longest period at maturity neotênico and keep a good part of their children's characteristics. Our ability to learn has become enlarged with this process due to the fact of having a longer time for growth of the brain. Humans sexually mature at around 12 years old, but our skull bones fuse at 16. However, our ability to learn is not reduced over time, except when restrictions suffer from physical, mental or social. We have the longest period of growth known in animals, a period of great dependence on our parents, but we can maintain a standard of knowledge than other animals because of this characteristic.
One of the advantages of the process of neotenia is the fact of giving the brain more time to develop. If the process occurs inside the womb, the fetus would have difficulties to be born and the size of the female pelvis would have to be such that jeopardize their locomotion. Neotênico The process is very important because it allows the baby to have enough time to learn before it is fully developed physically. The neotenia should not be seen simply as a prolonged period in which we have a space for greater learning. It can also be considered with a factor of agglutination in its social as more time in her favor with a larger capacity for socialization. As they say, friends from childhood are forever children and generally has less bias and are more tolerant than the adults that gives them a huge advantage when it comes to training groups.
For parents, this means spending a great deal of energy and time in the creation of children. More than other animals, human beings spend much of their lives caring for their young. Although humans are able to play around 12 or fourteen years and, theoretically, be able to form a new family, it is common for the period extending over more years until they are fully mature to be able to cope with the environment around. It is common for state laws to relieve ages of the children of their parents. We grade to the separation. By law we are legally capable of certain acts to sixteen, eighteen of the other, and finally to twenty-one are considered able to act with responsibility. The long relationship between parents and children promotes a social basis we call family.
This long relationship is also to develop what we call feelings. Moreover, we can say that the basis of our feelings are the relationships we have within our family and that is the base that defines who we are or will be.
Besides the natural protection, the family still promotes the individual and social growth of each. When an individual presents it is common to show through their profession, their place of birth and refer the family to which it belongs. With these data establish a pattern on the person. In a way, we sound a person who belongs to a good family and hardly believe that someone would be if your family is not worthy of good reputation. As the saying goes "baby fish, fish is."
Estimate both the ratio of the worst name calling that we can receive is that which attacks the name of our mother. Not only is it a personal affront or against one who gave us life, but a wide mockery of our entire family. Worse than that is impossible.
Forms currently regarded as family
Art. 226 of the Constitution of 1988, § 3, provides protection from the stable state between man and woman and gives it the status of family authority. This article took the underground and the unions do not formally granted equal to the official forms of union.
Law 9278 of 10 May 1996, standardized the concubinage, recognizing the family as a lasting coexistence, public and continuous, a man and a woman, established with the objective of building the family (art.1 º.) And setting rights of inheritance for members of the same, together with Law 8971 of 29 December 1994.
Recently, the STJ has won two brothers of the question considering impenhorável which lived in the property, considering them as a family and, therefore, framed in art. 1 of Law 8009 of 29 March 1990, which provides for the good of the family unseizability:
Article 1 The residential property of the couple, family or entity, impenhorável and is not responsible for any civil debt, trade, fiscal, welfare or otherwise, acquired by the spouses or the parents or children who are the owners and residing therein, except in cases provided for in this law.
According to Marilene Silveira Guimarães,
The new civil law refers to the entity settlor and beneficiary families, without defining this conceito3. However, citing Article 226 of the Federal Constitution can be considered in addition to families formed by marriage, by stable and single parents, other family members that the State must also protect the principle of equality, such as partnerships and homosexual liaison. To this it may be well established in the family since that does not insult other rules such as Article 1642, which prohibits gifts of the person married to the mistress. However, this prohibition does not prevent the family entity is protected by another concubine who have good incomes and want to establish a family, or that a third party to do so. Extending the concept of family courts in decisions including homosexual partnerships extends to them the possibility to appoint property to prevent seizure by debt, and allows to invoke the benefits of the law 8009/90.
However, the civil union between persons of the same sex, desired by the application of the Laws 8971/94 and 9278/96, is considered unacceptable, because the diversity of genders and objective requirement is essential for the recognition of the stable. There is a possibility, however, to recognize a company indeed among homosexuals, in the form of art. 1363 of the CC:
Article 1363. Celebrate the company people who are mutually bound to combine their efforts and resources to achieve common purposes.
Our company is too diversified. The old forms of family are walking hand in hand with the new. The legal non-recognition does not prevent these new nuclei are formed and are proliferating. Its conceptualization as family extinguish a series of mishaps to determine if the simple reason of people not fit the pattern. The nomenclature that is given to these new forms do not change the validity of fact.
Family and State
As can be seen by history, the family moved from a stage where their survival was only in charge and where the patriarchy is the most common form of his driving. The elderly and children depended entirely the same for their survival, not the rule with no duty to her. Education is provided within it and was restricted to the letters that the family held. There is little social mobility, dominance of rural life, low and restricted movement of information technology, was not far beyond the survival of the individual and the family of the forms set. Marked predominantly by blood ties, could be extended to a more extended, which is the clan.
In Sparta, boys, when completed 8 years were sent to the agogô, which means training or training, where they remained during childhood and adolescence. Being totally militarized, the state committed itself to education that traditionally was the burden of families in other city-states.
For Plato in his Republic, the monogamous marriage, which is derived the power of Gheno should be abolished and replaced by collective marriages, whose goal would be merely reproductive. The children were regarded as children of all communities and entire responsibility for education of all. The philosopher in sorting through the old families, the foundation for the exercise of the then reigning. His family would prevent any collective clan took power. In this utopian society, Plato condemned any difference between the sexes and women doing work put in common with men. They also provide service and monitor the men in war, because I believed that their presence infused greater courage than men.
Thomas Morus in his Utopia, the family was made from the males, children and grandchildren, and the woman should leave their, where the marriage and cling to your husband. For him, the elder should be the head of the clan. Each city should be composed of six thousand families, each of which should have no more that sixteen Mancebo at the age of puberty, and the number of children impúberes was unlimited. When a family grow beyond the measure, the surplus would be placed in other families fewer. If a city had more people than it could bear, would be declared a general immigration to the people formed another colony on the continent closer. The meals were collected in the palace of sifogrante (magistrate) and a trumpet mark the hours the same. Each mother breastfeeding her child, and in case of death or illness, a love of milk would be given. The children belonged to both the milk and the love of his mother.
Utopias, Sparta and the republican party, the most common is that all charges for maintenance and their family, have always been her own. The state has hardly held to provide evidence of survival for the family until recent periods.
The French Revolution can be considered a landmark in the evolution of the family, as the urbanization of the family withdrew the union marked by consanguinity and its natural support from the rural life. Depending on the social division of labor and the expansion of the bourgeoisie, their survival is now dictated by groups unrelated to it. She could no longer rely on to the survivor, came to depend on others for that.
This situation worsened with the Industrial Revolution, where workers from villages around the factories, the entry of women into the labor market and the dependence on a wage to survive, has to force the state to have duties to the family. The education that was once only the family has become a duty of the state with the dramatic need of skilled labor to work in factories that used new technologies of production. The corporate family who had the means of production and technology for this course disappeared with the advent of industries. As the family had no more able to pay the children's education at this level, the state has to provide the conditions necessary for the investigation of them.
Parallel to this, the family structure has been changing and acquiring new contours. The woman who was just before the point of procreation and education of children could work out. This led to the inclusion of exclusive rights to men for the woman who came to compete with him in the labor market. The basic principles of the French Revolution of equality, fraternity and liberty have been given broader sense to cover all persons, regardless of sex.
With this new woman emerged, the law adapted to that condition. To avoid deseducação the children, the state began to assume for itself, as this mandatory duty for you and right for the family. The assumption of Education by the State was due also to the increasing industrialization that required specialized workers. This need has forced the state to assume the obligation for you to not lose their status as state, since education is the basis for the material and spiritual development of people.
With the total desnucleização the family, the state began to assume some duties before her as the exclusive care for the elderly and disabled. The plots of the population that depended entirely on his family for survival, without which they could not survive, have been given support from the state. Minors of age without family also came to rely on support from the state through numerous organs.
Whereas the family is the basis of any society and that the state exists in this society function as regulator of the survival factor and as her own, it is natural to assume office before it unique. This interdependence means that the relations between them is widening and are more flexible, since the concepts of family are changing and their needs too. Social change in ways that were slower and it took centuries or years to be accepted by the State are today, going so fast and sometimes abrupt. The state assumes that its role as manager of the company and which has as one of its objectives the pacification of conflicts within it, must be attentive to these changes and give them the appropriate ways within the law and the law.
Definitions of adoption
The word comes from the Latin adoption, adoption, consisting of ad (a) and option (option).
There are many concepts about adoption, which evolved over time:
Justinineu the law, "Adoptio est actus quo Solemnis in locum Fili nepotist vel ad ciscitur complaints natura talis non est". The translation "adoption is the solemn act by which it accepts in place of child who is not by nature."
Adoption is a legal fiction of the creative relationship that is in a civil legal act bilaterally. The adoption gives the adopted son status identical to the legitimate child, although there are reservations in several laws governing the issue, according to Dusi.
The adoption is considered a legal act in which a person is accepted as a child by another person or a couple that are not their biological parents. The responsibilities, rights and obligations of adopters and adopted are the same between parents and biological children.
In the democratic state of law, adoption is defined as a legal institution of public policy with the intervention of the court, to create between two people, even strange between them, relations of paternity and affiliation similar to what happened in legitimacy.
To BAUDRY-LACANTINERIE, adoption is "a solemn agreement, in which the minister is the judge of peace".
In the design of PLANIOL, is "a formal contract subject to the approval of Justice."
JOSSERAND via the adoption as "a contract between two people establishing relationships purely civil paternity or maternity and paternity."
COLIN CAPITAN and defined as "an act which creates legal relationships between two people and purely fictitious civil paternity and filiation."
ZACHARIAS, as "establishing the legal contract between people who may be strangers to each other, relationships similar to those that exist between the father or mother united in legitimate marriage and their children legitimate."
BEVILAQUA Clovis, closest to the Roman law of Justinian, defines it "as a civil act by which someone takes a stranger as a child."
CAIO MARIO DA SILVA PEREIRA, "as legal act by which a person receives as another child, whether there is any relationship between them of kinship or so."
ORLANDO GOMES, "as the legal act which establishes whether the fact of natural procreation, bond of membership."
MARIA HELENA DINIZ, "the formal legal act by which, within the legal requirements, anyone down, regardless of any relation of kinship consanguine or so, a nominal bond of membership, bringing his family on condition of child, person, usually , it is strange. "
Historical development of adoption
The adoption thing is old. Appeared initially as a way to prevent the extinction of the domestic worship, which was considered as the basis of the family. Before talking about adoption is necessary to mention the inherent fear that every man has the death or the extinction of his name or memory of their own. The idea that there was a place set for her, depending on their actions on earth came from Christianity. Among the Greeks and Romans existed the belief that the soul remains on earth, living with the men or the soul from the body was buried. By custom, after the funeral ceremony, the name used to call the dead three times, saying: Take it easy, adding: That the land to be mild. The custom of placing the epitaph "rest in peace" appeared in that period. It was believed that the soul that had no grave had to miss when in the form of larvae or ghost, without ever stop. This misfortune made the perverse, so that act against the men under the most diverse ways, causing misfortunes until he gave the proper burial as appropriate, following the funeral rites required. Should note well that the body does not trust enough to land. It was still necessary to conform to traditional rites and decide certain formulas. In Plautus is the story of a ghost, wandering forced to walk because his body was released to the land without the proper ritual. Suetônio account that the body of Caligula, buried before they complete the funeral ceremony, led her to become his soul wandering, appearing to many people, until the day that the Desenterraram, burying it again according to the rules. In addition, there was the belief that human needs are still beyond the grave. These needs, as food and drink, should be provided for the living, which should lead to buried offerings so that they saciassem and not turn against them. This custom still exists in Mexico, the Day of the Dead, where family members gather around the grave, bringing food for themselves and, symbolically, to his ancestors. In Euripides, Efigênia says: "Spill the land on the tomb milk, honey and wine, because only then can content the dead." Front of each tomb, among the Greeks and Romans, was placed for a local cooking and sacrifice of animals, offered to the dead. One of the maximum penalties for convicted insepulto was leaving his body.
Retroactive effect greatly in time, the neanderthais (Homo neanderthalensis) have held buried. Some evidence as flowers in their graves indicate that there is already a cult of the dead, and probably a parallel to the death that would lead to inevitable feelings of fear and the consequent worship elements.
These customs and beliefs exist, notably in Ancient Egypt, which we consider as landmark of western civilization. The existence of the pyramids is the maximum of belief about life after death and the need to have a special place where the dead could live their new life. " Besides a place to build your house, the pharaohs intended for people that protect and worship. This belief was so entrenched that with the declining power of the pharaohs and the increase in withdrawals from their tombs, the priests transferred their mummies to safer places, since they believed that while there the souls of the pharaohs last. This protection extended to the dead to other people. The common man used to adopt the same habit, to a lesser extent. His embalmed body of available sites for burial and was their descendants protects you.
According Fustel de Coulanges, in translating Ozanan Frederico Pessoa de Barros of the Old City, the first religion was the worship of man to their deaths and the consequent rise of the religious sentiment.
"This religion of the dead appeared to be the oldest among the men. Before designing or worship Zeus or Indra, the man loved the dead, were afraid of them, sent them to prayers. It seems that this is the origin of religious feeling. It was, perhaps, the sight of death that man was the first time the idea of the supernatural, and wanted to trust in things beyond the vision of the eyes. The death was the first mystery, she put the man on the path of other mysteries. Increased their thinking visible to the invisible, the passenger to the eternal, the human to the divine. "
On this fear of death and be forgotten, the man began to adopt rituals and burial arrangements for the maintenance of the new homes of the dead. The children, usually the first, were responsible for eternização of ancestors, especially through worship. The woman was not the responsibility since it was considered to be lower and only one element of procreation. Later, when the funeral cults have become religious, there is a continued need to keep them from a male of the family.
Fustel de Coulanges, in translating Ozanan Frederico Pessoa de Barros of the Old City, go further: he considers the Greco-Roman family more as a religious association of a natural association.

"What unites the members of the former family is more powerful than the birth, the sense that the physical force: it is the religion of the sacred fire and the ancestors. This religion is the family that makes this one body and another life. The family is an ancient religious association that a natural association. So we will see later that the woman is actually taken into account when the worship started, the sacred ceremony of marriage, the child will not be considered by the family to abandon the cult, or is emancipated, the adopted son, by contrast, child shall be considered real, because it has no ties of blood, has something better, which is the communion of worship, the legatee deny that the cult to adopt this family has no right to succession, finally, the relationship and the right to inheritance be regulated, not by birth, but the rights of participation in worship, according to the established religion. Undoubtedly, it was not the religion that created the family, but it was certainly a religion that gave rules, resulting that the family received an old building that's very different if there had been established based on only the natural feelings.
The ancient Greek language had a very significant word to describe the family, said it epístion, word that literally means that which is near the fire. A family was a group of people to which religion would invoke the same Manes, and offer the funeral feast to the same ancestors.
This need to keep the funeral rituals and worship the gods of the family home and, by extension, their family, created the need for a son to this. Families that had male offspring were considered extinct. This need has been one of the first sources for adoption. An interesting fact about it is that the line ceases to be consanguineous family, a fact always considered important. The person who has no male offspring may continue to perpetuate through his name he gives to a stranger that he thinks appropriate to the perpetuation of it.
In the Bible there is reference to the adoption of Moses by Pharaoh's daughter, who did so because they had no children and of Esther. Code of Urnamu (2,050 BC) and the Code of Eshnunna, around 1900 BC, there are references to adoption.
The Code of Hammurabi, written around 1700 BC, has established certain rules for the adoption of children:
Article 185. If a man adopt a child and give your name to it as a child, creating it, this grown son can not be claimed by others.
Article 186. If a man adopt a child and injuring the child's father or adoptive parent, then this adopted child should be returned to the house of his father.
Article 190. If a man does not argue that the child adopted as a child and raise it with other children, then the adopted son may return to the house of his father.
Article 191. If a man who has created and adopted a son, founded a home and had children, their desire to foster child, this child should not simply give up their rights. His adoptive father shall give him the legitimate and only then the foster child can go, if you want. He must not, however, field, garden or home with this child.
Article 192. If the son of a mistress or prostitute say to his adoptive father or mother: "You is not my father or my mother," he should have his tongue cut off.
Article 193. If the son of a mistress or prostitute desire his father's house, and abandon the house of his father and adoptive mother, going home to his father, then the child should have his eye torn.
The same code is noted with concern the professional education of the child:
Article 188. If a craftsman is creating a child and teach it to their empowerment, the child can not be returned.
Article 189. If he has not taught his art to the child, the adopted son may return to the house of his father.
Manu, son of Brahma and Sarasvati, the Hindu mythology, is considered one of the first legislators. Your code originated between 1300 and 800 BC It was written in poetic form, whose versification was invented by a holy hermit named Valmiki, around 1500 BC The Code of Manu or the Rules shall be composed of twelve books. Some scholars say that the original code was composed of more than one hundred thousand signs, or pair of verses, but were reduced to 2685.
In the ninth book, which discusses the duties of husband and wife, there are some references about adoption:
Article 557 Where a child endowed with all virtues was a man in a way that will be exposed, that child, even out of another family, to collect the entire inheritance, unless there is a legitimate child, because in that case can only have the sixth part.
Article 558 of a child as a person is no longer part of the family of his father's natural and should not inherit from their heritage, the funeral cake follows the family and heritage, for he who gave his son no funeral sacrifice made by the child .
Article 575 The child engendered by the husband in lawful marriage, the son of his wife and his brother in the way indicated above, an adopted child, a child born illegally or whose father is unknown, and reject a child by his natural parents are all six relatives and heirs of the family.
Article 576 The son of a lady not married and wed a pregnant, bought a child, the child that if it on its own will, and the son of a Sudre, all six are relatives, but heirs.
Article 584 thereof should be recognized as a son given, that a father and a mother, by mutual consent, give, making a libation of water, a person who has no children, and the same class as that person and showing affection .
Article 585 Where a man makes to a boy child of the same class as him, you know the advantage of observing the funeral ceremonies and evil resulting from their failure, and endowed with all qualities estimated as a child, this child is called adopted son .
Article 586 If a child comes to the world in the house of someone, without know what their father, this boy born secretly in the house, belongs to the husband of the woman, who has in the world.
Article 587 The boy, a man receives as his own son, after he was abandoned by parents or by one, the other being dead, is called child exposed.
Article 588 Where a girl stop secretly in the house of his father, the son, who becomes the wife of the man who this girl is to be known as the son of a lady.
Article 589 Where a pregnant woman get married, their pregnancy is known or not, the male child she carries in her womb belongs to the husband, and says he received with his wife.
Article 590 The boy who wants to have a man child who meets the funeral service in his honor, purchase the father or the mother, is called son bought and that he is equal or not, in good qualities, equality under the relationship of class and is required for all these children.
Article 593 The child who lost his father and his mother or was abandoned by them without reason and that is offered to someone Motu proprio, as they say for yourself.
As you can see by the above articles, the major concern with the legislation with the adoption was the right to inheritance. The different classifications for each type of adoption directly affect the right of inheritance of each type of adoption recognized by the code.
In ancient Greece, the legend of King Oedipus account that he was abandoned by families and some pastors have adopted. In the tragedy written by Sophocles, in the translation of JB de Mello e Souza, appears they are used in a conversation with a messenger:
EDIP - How not? Because if they were my parents ...
MESSENGER - Políbio had no blood relationship with you!
EDIP - What you say ?!... Políbio was not my father?
MESSENGER - was it as much as I do, no more, no less!
EDIP - How is it that my father was to me what a strange no?
MESSENGER - he is not your father, as I am not!
EDIP - and why I believed then his son?
MESSENGER - How many years you received it in my hands!
In Canto IX of the Iliad of Homer, the older rider, Felix, head of the embassy to Achilles, the son of Peleu recalls that, when abandoned by his father, he took to his care.
434 ... as could be alone and without you, dear son? The elder Peleu rider that I wanted to follow in the days since you sent the Ftia Agamenon, however children and no experience of disastrous war, where sons are being distinguished, and sent me teach you to speak and perform great things .. .
Greek law was derived from customs and their sources varied according to the city-state because each had its own customs. To the Greeks a vision of law was only human, not divine connotation. The forms of adoption and transmission of heritage ranging in every city, according to custom. In Athens, according Fustel de Coulanges, a most accurate way to adoption, with formalities, which sought to ensure the perpetuity of the family adopted.
The history of Rome begins with the adoption of Rômulo and Remo by a wolf. Children of the king Amúlio and Rhea Silvia, were thrown into the Tiber in a basket, the king fearful they drawn to the throne. The current deposited the basket near a sacred fig, Ficus the rumen, the Palatine Hill. They were saved by a wolf and suckling the pups with her, called the cave Lupercal. Later, a shepherd of King Amúlio, called Fáustulo, found them and took to create and educate with his wife, Larência. If we take account of the legend, and Remo Rômulo were used twice.
In ancient Rome, the minimum age for the adopter was 60 years, prohibited from adopting those with legitimate offspring. A major concern was with the Roman testamentary legacy, which included not only goods, but all forms of perpetuation of the family. The need of man to make sure the child was naturally led to its adoption of the virginity of women need to marry, which usually is spread with the Roman domination. And its perpetuation of his family should be naturally transmitted to the first-born male descendant. His absence could lead to the adoption of someone to meet that need. This does not preclude the adoption of people to do only part of the family. In this case, the downside was considered adopted if the pater familias (father of the family) was alive or may be included in the will. There is also the possibility of adoption of whole families and that from that moment passed the condition of offspring adopter.
The Adoptio in ancient Rome is to the case as there was alieni arrogatio for persons sui juris. The Roman family organization distinguished between persons sui iuris, which were independent of home and people can alieni iuris, which were subject to power home. For the Romans, the independence of the mother may not have relation with age. A newborn, not having male parent, would be sui iuris, while an elderly could be even alieni iuris, where his father was still alive. The ad-tion was considered an extreme form of adoption, it meant the extinction of his family and private worship. The formula used by the assemblies, according aulo Geli, was as follows: "We want to and said, Romans, Lucius Titius that, by law is the son of Lucius Valerius, as it was born and his wife, Lucius Valerius which has on it right of life and death, as was his son by nature. " There is also a third form of adoption that was testamentary, used by Julius Caesar to take his nephew Otávio. In the reign of Justinian, the adoption was quite simple, when the adopter and the adopted express their disposal before a magistrate and carve a document certifying the new situation.
Thomas Morus in his book The Utopia shows a likely case of adoption, when determining that, in case of illness or death of the mother, is given the child a love of milk. In this case, the children belonged to both the love on the mother.
Italy in the Middle Ages, there was the call wheel of babies abandoned in convents, where the newborns were left unwanted. This wheel was introduced by Pope Innocent III in 1198, alarmed by the number of children caught in nets of fishermen in the River Tiber. These wheels were wooden cylinders installed in the walls of churches and convents. The nuns withdrew the newborn, and child care and a family that sought to adopt. This custom continued in Brazil until 1950.
The adoption contradicted the rights of feudal lords of fiefdoms. There the maximum: "Adoptivus in feudum non sucedit. The control of the classes did not allow mixing between plebes, and the lords and the church had testamentary interests when there was no successor (donaţie post obtium). Indeed, one of the reasons for the requirement of celibacy, born at the time, among the priests was purely testamentary. The members of the church property belonged to her own and is not transmitted to anyone. This is why you did with it accumulate wealth. Also there was the social-religious format based on the concept of nuclear family, ie father, mother and children.
One has to agree that only in the contemporary home may no longer be complete for children. For almost the entire human history, children have always been regarded as property and as such were treated. For those who did not condition for survival was easier to sacrifice the child, sell it or give it to create another family. In the Middle Ages such use was also adopted. The precarious living conditions and degrading servility that people were kept under the customs inherited from the Romans when it comes to children. The fall of the central structure of power, with the fall of the Roman Empire, and almost immobility of people due to the season, were factors relevant to the customs and laws were kept stable during this period. During this period, the adoption does not break the ties of kinship foster with the natural family. The very institution of adoption has fallen into disuse, for influence of religious principles in force at the time.
Among the Germanic peoples, there are three distinct periods in relation to adoption. The first period was the Primitive Law, which sought to perpetuate the household head. Before an assembly, the adopted are naked and it was before the adopter, which did come into his shirt and the embrace. Then the dress was adopted in warrior costumes with him and delivered the weapons of the adopter. More symbolic impossible: the adopter will receive as part of his family before all at the same time that the adopted confirming their condition to the investing arms of the family. The second period has two phases: pre-called "School of Bologna, based on adoption status of Justinian, imposed by Resolution of 1475 that stated the law as applicable to the Roman Germanic Empire, and later the Code of Prussia, appeared in 1794 and until 1900, which regulates the adoption in its Part II, Title II, section X, so organic, formalizing it through written contract, which requires a confirmation before the superior court of the domicile of the adopter. There were some requirements for adoption, some of which were that the adopter had at least 50 years, had no offspring and that was not bound to celibacy, which had adopted the least that the adopter and age that if less than 14 years should have the consent of biological parents. This option was extended to women, since they had marital consent. It is important to stress that the adopted son was not entitled to the inheritance of the adopter, but had their natural parents. The third period is the termination of the current Code of Prussia German Civil Code. During World War II, it was common the abduction of children in occupied countries such as Holland, France and Poland, with traces considered Aryans and their official adoption by the SS. The Code of Prussia exercised profound influence on the Code of Napoleon who took almost all articles concerning adoption.
After the French Revolution and the adoption came through the Napoleonic Code of 1804, as an act capable of establishing the legal relationship between two people civil. In Title XIII of his book I, arts. 343 to 360, set some parameters for the adoption, setting rules with respect to the active subject of adoption, which included age, sex, ancestry, marital status and reputation. One is in the art. 343:
Art. 343, "the adoption can not be made except by a person or another sex, older than 50 years, not having the time of adoption or children, nor legitimate descendants and have at least fifteen years more than the adopted .
In French law, derived from the Code of Napoleon, the adoption contract is an act, which requires, besides the will of the parties, a subsequent rigorous procedural action. Only if it acquires the status of adopted son in the majority. In 1923, there were changes that modernized the institute in France.
The Universal Declaration of Human Rights, Article XXV, paragraph 2, of 10 December 1948, states that motherhood and childhood are special rights and that children benefit from social protection.
On 20 November 1989, it passed the UN Convention on the Rights of the Child. So says the preamble:
Recalling that the Universal Declaration of Human Rights the United Nations proclaimed that childhood is entitled to special care and assistance, Convinced that the family as fundamental group of society and natural environment for growth and welfare of all its members, and particularly children, should receive the protection and assistance required in order to fully assume its responsibilities within the community, recognizing that the child, for the full and harmonious development of his personality, should grow up in families in an environment of happiness, love and understanding;
Whereas the child should be fully prepared for independent living in society and should be educated in accordance with the ideals proclaimed in the UN Charter, especially in a spirit of peace, dignity, tolerance, freedom, equality and solidarity, Bearing in mind that the need to give the child a special protection is outlined in the Geneva Declaration of 1924 on the Rights of the Child and the Declaration on the Rights of the Child adopted by the General Assembly on November 20, 1959, and recognized in the Universal Declaration of Human Rights in International Covenant on Civil and Political Rights (in particular Articles 23 and 24), the International Covenant on Economic, Social and Cultural Rights (in particular Article 10) and the statutes and relevant instruments of specialized agencies and international organizations who are interested the welfare of the child;
Given that, as outlined in the Declaration on the Rights of the Child, "the child, because of their lack of physical and mental maturity, needs protection and care, including appropriate legal protection, both before and after birth", Recalling the establishment of the Declaration on Social and Legal Principles Relating to the Protection and Welfare of the Child, especially with reference to the adoption and placement in homes for adoption in the national and international levels, the United Nations Standard Minimum Rules for the Administration of Justice for Children and Youth (the Beijing Rules) and the Declaration on the Protection of Women and Children in Situation of Emergency and Armed Conflict, Recognizing that all countries in the world there are children living in exceptionally difficult conditions and that these children need special consideration, Taking due account the importance of traditions and cultural values of each people for the protection and harmonious development of the child, Recognizing the importance of international cooperation for improving the living conditions of children in all countries, especially in developing countries;
Articles 20 and 21 of the Convention establishing bases for the adoption, which says that children temporarily or permanently deprived of their family environment are entitled to protection and assistance of the State. These include the placement in care homes for adoption, adoption or placement in appropriate institutions to protect children. The adoption will be permitted by competent authorities that the child will, in accordance with its laws, the best treatment possible. It is also considered international adoption, if the child does not have adequate treatment in their country of origin.
The great paradox of history is adopting stick is almost exclusively from the legal point of view, rights of inheritance. Certainly, something is relevant, because it also involves the fact. What we call today the social conscience and no state itself was not the duty of caring for their family foundations. That relieve the State with its own citizens still exists today, although more attenuated in some countries, especially democratic ones.
One of the most positive of the Constitution of 1988 is to make it legal and give up the duties of what before was thought of only as a personal responsibility. The adoption of an event or has a suit arising from attitudes individuals, based more on survival to the infant and is now seen in its social order.
Historical evolution of adoption in the Brazilian legislation
Ordinations The Portuguese operated from 1446 to 1867, being replaced by the first Portuguese Civil Code. The institutes of adoption in Brazil were those of ordinations to the first term of the Brazilian Civil Code in 1916.
Article 1807:
"They lifted the ordinations, permits, laws, decrees, resolutions, practices and customs concerning the issues of law covered in this Code."
The ordinations were three who became Portuguese in Brazil:
1) Afonsina Ordinations in the period from 1446 a1521;
2) Manueline Ordinations in the period from 1521 a1603;
3) Ordinations Philippines in the period 1603 to 1867.
The Ordinations Afonsina are a compilation of laws made by the Court Corregedor João Mendes, at the behest of King John I, a task completed in 1446, the reign of Alfonso V. We met the standards of Für Juzgado of Visigothic Code or Lex Romana Visigothprum, the law of the Hispano-Romans and Visigoths, plus the forais and general laws applicable throughout the kingdom Portuguese.
With the invention of the press, the Portuguese laws were revised for publication, work completed in 1521 and which was the name of Ordinations Manueline in honor of King Dom Manuel.
With the ascent to the throne of king Philip II of Spanish origin in 1595, the laws are updated with new principles, working conclusion in 1603, and which was the name of Ordinations Philippines.
However, inspired by a king of foreign origin, such ordinances hurt the national pride Lusitanian, and already in 1640, restores a revolution in Portugal, the Lusitanian supremacy of the monarchs, but the Philippines Ordinations prevail in Portugal until 1867 and, in Brazil, until 1916.
"Ferreira, Waldemar, History of Brazilian Law, Volume I, ed. Freitas Bastos, Rio de Janeiro, 1951."
The Civil Code of 1916 established, as outlined Sady Cardoso de Gusmão, the following rules for descendants in succession:
1. "The prevalence of the children on the spouse and other relatives, similar to the legitimate, the legitimate and recognized natural, except those recognized by the constancy of marriage (arts. 1603, I and 1605), the latter has the right code only half of which belongs to the legitimate;
2. Granting inheritance rights to adopted son in the same manner as above, restricted to half the inheritance of the estate when competing with legitimate, Supervening to adoption (art. 1065, § 2);
The articles below provide some points about the adoption:
Article 336. The adoption establishes the relationship between purely civilian adopter and adopted (art. 376). (Writing amended by Decree of the Legislative Power No. 3725 of 15.1.1919);
Article 368. Only the largest of 30 (thirty) years may take. (Writing amended by Law no. 3133 of 8.5.1957);
Sole Paragraph. No one can take, being married, but after 5 (five) years after the marriage. (Paragraph added by Law no. 3133 of 8.5.1957);
Article 369. The adopter must be at least 16 (sixteen) years older than the adopted. (Writing amended by Law no. 3133 of 8.5.1957);
Article 370. Nobody can be adopted by two people, unless they are husband and wife.
Article 371. While not give accounts of their administration, and pay off your fingertips, not the tutor, or curator, to adopt the ward, or the curatelado.
Article 372. We can not adopt without the consent of the adopted or his legal representative if unable or unborn child. (Writing amended by Law no. 3133 of 8.5.1957);
Article 373. The adopted when lower, or prohibited, you can disconnect themselves from the immediate adoption in the year of termination of the ban, or the minority.
Article 374. It also dissolves the bond of adoption: (Writing amended by Law no. 3133 of 8.5.1957);
I - when both parties agreed; (Writing amended by Law no. 3133 of 8.5.1957);
II - where it is permitted to disinheritance. (Writing amended by Law no. 3133 of 8.5.1957);
Article 375. The adoption will be by deed, which admits no condition or term.
Article 376. The relationship resulting from the adoption (Article 336) is limited to the adopter and the adopted, except as impediments to marriage, if notice in respect of which the provisions of art. 183, III and V.
Article 377. When the adopter has children legitimate, legitimated or acknowledged, the relationship does not involve the adoption of a hereditary succession. (Writing amended by Law no. 3133 of 8.5.1957);
Article 378. The rights and obligations arising from the natural relationship is not extinguished by the adoption, except for home power, which will be transferred from the natural to the adoptive father.
Duarte Azevedo, Hermenegildo de Barros and Lafayete Rodrigues Pereira, among others, protesting against the institute. According Lafayete, "and the adoption an obsolete institution, it would be a real treat della futility." As ironic and appropriate observation of Omar Gama Kaus Well, "the modern changed, but changed the spelling ...".
Clovis Bevilaqua, however, committed itself in its appearance: "What is needed, however, highlight the action is beneficial, social and individual speaking, that the adoption may have in their current phase. Giving the children who do not have the nature, developed feelings of pure affection carat, and increases in the company, the capital of affection and kindness needed to improve the moral, calling for the warmth of family and the sweetness of welfare children deprived of strength or means suitable , builds and manages capacity that would otherwise ran the risk of being lost to the detriment of individuals and social group to which they belong "(in, of C. Civil EUB, vol. I, pp. 822).
Law 3133 of May 8, 1957, changed the original wording of the arts. 368, 369, 372, 374 and 377 of the Civil Code of 1916, reducing the minimum age to adopt from 50 to 30 years, and lowering the minimum age difference between adopters and adopted from 18 to 16 years.
Article 368. Only the largest of 30 (thirty) years may take. (Writing amended by Law no. 3133 of 8.5.1957);
Sole Paragraph. No one can take, being married, but after 5 (five) years after the marriage. (Paragraph added by Law no. 3133 of 8.5.1957);
Article 369. The adopter must be at least 16 (sixteen) years older than the adopted. (Writing amended by Law no. 3133 of 8.5.1957);
Article 370. Nobody can be adopted by two people, unless they are husband and wife.
Article 371. While not give accounts of their administration, and pay off your fingertips, not the tutor, or curator, to adopt the ward, or the curatelado.
Article 372. We can not adopt without the consent of the adopted or his legal representative if unable or unborn child. (Writing amended by Law no. 3133 of 8.5.1957);
Article 373. The adopted when lower, or prohibited, you can disconnect themselves from the immediate adoption in the year of termination of the ban, or the minority.
Article 374. It also dissolves the bond of adoption: (Writing amended by Law no. 3133 of 8.5.1957);
I - when both parties agreed; (Writing amended by Law no. 3133 of 8.5.1957)
II - where it is permitted to disinheritance. (Writing amended by Law no. 3133 of 8.5.1957);
Article 375. The adoption will be by deed, which admits no condition or term.
Article 376. The relationship resulting from the adoption (Article 336) is limited to the adopter and the adopted, except as impediments to marriage, if notice in respect of which the provisions of art. 183, III and V.
Article 377. When the adopter has children legitimate, legitimated or acknowledged, the relationship does not involve the adoption of a hereditary succession. (Writing amended by Law no. 3133 of 8.5.1957);
Article 378. The rights and obligations arising from the natural relationship is not extinguished by the adoption, except for home power, which will be transferred from the natural to the adoptive father.
In the scheme of the Civil Code, the relationship resulting from the adoption was restricted to the parties (art. 376), except for marital impediments, as the art. 183, III and V of that prohibits marriage between the adopter and the adopted person, between the adopted and the spouse of the adopter and the adopted between supervenient and children to adoption and, by extension, between adopted children and the existing .
In 1965, with the advent of the Law 4665, from July 2, is the adoptive legitimation.
With the introduction of the principle of equality among children by the Federal Constitution of 1988, art. 377 of the Civil Code was repealed by the provisions of art. 227, paragraph 6, of the same.
With the law of 10406, 10 January 2002, or the new Civil Code, the adoption has registered other forms, and the age rose to 18.
Article 1618. Only the person more than eighteen years may adopt.

Sole Paragraph. The adoption by both spouses or partners can be formalized, provided that one has completed eighteen years of age, demonstrated the stability of the family.
Article 1619. The adopter must be at least sixteen years older than the adopted.
This article addresses the adoption of effective parent-child relationship. A minor difference could suggest other possibilities of intent on adopted.
Article 1620. While does not account for his administration and not pay the debt, not the tutor or curator to adopt the ward or the curatelado.
Article 1621. The adoption depends on consent of parents or legal guardians, who wish to adopt, and this agreement if you count more than twelve years.
§ 1 The consent will be required in relation to the child or adolescent whose parents are unknown or have been deprived of the family.
Paragraph 2 under heading Consent is revocable until the publication of the sentence constituent of adoption.
Article 1622. Nobody can be adopted by two people, unless they are husband and wife, or live in stable.
We can say that this article has some rancidity of discrimination. Although women may be regarded as spouse of the husband, would be to use the correct nomenclature wife. The nomenclature woman, in my view would be more correct in relation to gender, ie, the female of man. We also consider that the term woman means a female non-virgin or in adulthood. Being in common use, the term may seem to simplistic, but it evokes some generalization or oversimplification of the term. If the opposite, a man had a wife, which is not a term that means a partner in marriage, but someone who would only connected through sex. Given that there is a rancid of thought that reduces a bit the woman on man, we can also consider that the article was placed in order to make sure that other forms of family were not accepted socially excluded the possibility of adoption.
The permissive provisions (ECA, art. 42, § § 2 and 4) repealed, in theory, for the adoption of children and adolescents, art. 370 of the Civil Code of 1916 and therefore the art. 1622, Civil Code of 2002, which prohibits adoption by two people, unless they are husband and wife. This induces, at least in theory, the possibility of adoption by pairs of homosexuals. Wanted to use the term "par" to avoid comparisons with what we mean by spouses, or the union between two persons of different sexes.
Sole Paragraph. The divorced and legally separated may adopt jointly, provided that we agree on custody and arrangements for visits, and since the stage of coexistence has been initiated in the constancy of conjugal society.
Article 1623. The adoption will follow the judicial process, observing the requirements of this Code.
Sole Paragraph. The adoption of more than eighteen years will depend, also, the effective assistance of the government and ruling constituent.
Article 1624. No need the consent of the minor's legal representative, if satisfied that it is exposed infant or child whose parents are unknown, are missing or have been deprived of the family, without appointment of guardian, or not claimed by the orphan any relative, for more than a year.
Article 1625. Will only be allowed to adopt to be effective benefit to adopting.
Article 1626. The adoption confers the status of the adopted child, disconnecting it from any link with consanguineous parents and relatives, except for the impediments to the marriage.
Sole Paragraph. If one of the spouses or companions of the other adopts the child, remain in the bonds of affiliation between the adopted and the adopter's spouse or partner and their relatives.
Article 1627. The decision gives the adopted surname of the adopter, may determine the change of his forename, if lower, at the request of the adopter or the adopted.
Article 1628. The effects of adoption from the start of res judicata of the award, unless the adopter will die during the procedure, in which case it will force retroactive to the date of death. The relations of kinship are established not only between the adopter and the adopted, but between that and the descendants of this and between the adopted and all the relatives of the adopter.
Article 1629. Adopting a foreign follow the cases and conditions that are established in law.
Law 8069 of 13 July 1990, or status of children and adolescents, provided the following terms for adoption:
39, par. The adoption of children and adolescents will be governed by the provisions of this Act
Sole Paragraph. Adoption is prohibited by proxy.
40, par. The adoption must have a maximum of eighteen years at the time of the request unless it is already under the custody or guardianship of the adopters.
41, par. The adoption gives the condition of the adopted child with the same rights and obligations, including inheritance, disconnecting it from any link with parents and relatives, except for marital impediments.
§ 1 If one of the spouses or concubines adopts the child of another, remain the bonds of affiliation between the adopted and the adopter's spouse or concubine and their relatives.
Paragraph 2 is reciprocal between the succession law adopted, their descendants, the adopter, his ascendants, descendants and collateral until the 4th grade, the observed order of hereditary vocation.
42, par. Can take the largest of twenty-one years, regardless of marital status.
Paragraph 1 may not take the upside and the brothers of adopting.
§ 2 The adoption by both spouses or concubines could be formalized, provided that one has completed twenty-one years old, proven stability of the family.
§ 3 The adopter must be at least sixteen years older than adopting.
§ 4 The divorced and legally separated may adopt jointly, provided that we agree on custody and arrangements for visits, and since the stage of coexistence has been initiated in the constancy of conjugal society.
§ 5 The adoption may be granted to the adopter that after unequivocal expression of will, his death during the procedure, before the sentence prolata.
In July 2007, the STJ of Rio de Janeiro, led to the adoption of a child by a deceased military, inconclusive in life, after finding a clear desire to adopt and ties of affection between him and a girl of 07 years. As a result, the child became the sole heir, excluding other relatives of the succession of property and rights.

Article 43. The adoption will be accepted when it presents real advantages to adopting and is based on legitimate grounds.
44, par. While not give account of its management and balance the scope, not the tutor or curator to adopt the ward or the curatelado.
45, par. The adoption depends on the consent of parents or legal representative of adopting.
§ 1. The consent will be required in relation to the child or adolescent whose parents are unknown or have been deprived of home power.
§ 2. When it comes to adopting more of twelve years of age will also need your consent.
Article 46. The adoption will be preceded by a stage of living with the child or adolescent, the period that the judicial setting, the observed peculiarities of the case.
§ 1 The stage of coexistence can be waived if the adoption has more than one year old or, whatever their age, is already in the company of adopter long enough to assess the appropriateness of the establishment of the link.

Paragraph 2 In the case of adoption by foreigners resident or domiciled outside the country, the stage of coexistence, served in the national territory, will be at least fifteen days for children up to two years, and at least thirty days in the case of taking over two years of age.
47. The link is up for adoption by a court decision, which shall be entered in the civil registry on which the warrant does not provide certificate.
Paragraph 1 The application include the name of adopters as parents, and the name of their ancestors.
§ 2 The judicial warrant, to be terminated, will cancel the registration of the original adopted.
§ 3 No comment on the origin of the act may appear in certificates of registration.
§ 4 The criterion of judicial authority, certificate can be provided for the safeguarding of rights.
§ 5 The decision was adopted to give the name of the adopter and, upon request, may determine the change of the first_name.
§ 6 The adoption produces its effects from the transit in judged of sentence, except in circumstances provided for in art. 42, § 5, in which case it will force retroactive to the date of death.
48. The adoption is irrevocable.
Article 49. The death of adopters does not restore the natural home to parents.
Article 50. The judicial authority shall, in each district or regional forum, a registry of children and adolescents in terms of being adopted and of other persons interested in adoption.
§ 1 The acceptance of registration will occur after prior consultation with the technical bodies of the judge, after hearing the prosecutor.
Paragraph 2 will not be accepted for registration if the person does not meet the legal requirements, or verified any of the cases envisaged in art. 29.
Article 51 is Caring application for adoption made by foreign resident or domiciled outside the country, will observe the provisions of art. 31.
§ 1 The applicant must demonstrate, through document issued by the competent authority of their home, being duly authorized to adopt, as the laws of your country and provide psychosocial study prepared by specialized and accredited agency in the country of origin.
§ 2 The judicial authority of office or at the request of the prosecutor, may order the submission of the relevant text to foreign law, accompanied by proof of their validity.
§ 3 Documents in foreign language shall be attached to the file, duly authenticated by the consular authority, observing the international treaties and conventions, and accompanied by its translation by sworn public translator.
§ 4 Before consummated the adoption will not be permitted to exit the adoption of the national territory.
Art 52. The international adoption may be subject to prior study and analysis of a state judicial commission of adoption, which will provide the award of qualification to deal with the case concerned.
Sole Paragraph. The Commission shall maintain centralized records of foreigners interested in adoption.
Derived from ancient custom, the patronage suggests a natural need of human beings for the preservation of the children in case of death of the couple. It is an informal institution, as the choice of godparents for parents is that decision is solely to them. In Catholicism, they become spiritual mothers and fathers of children and responsible, too, by moving the child into the faith.
We can say that it is a form of adoption, initially, spiritual, since the parents are still alive. To become godfather, the "yours" or "bedpan" accept the burden of caring for the child dies or if the couple has no more able to create his son. Besides the establishment of a union between a godfather and godson, also strengthens the ties between parents and godparents, establishing strong and lasting ties. The natural choice of a godfather is that it is the same condition or has a better position within society, since it is the choice for someone who had less social perspective less likely to involve in the child's social success.
This institution can be called "spiritual adoption". Probably, it brought with it some form of adoption in Brazil, as the "get to create" or the "adoption the Brazilian."
The "get to create, usually, is to deliver the child to another family take care of him, without establishment of ties of adoption and consequent rights. This is more a form of adoption to the mere survival of the child than to give him a family. "Household" was the most common name for this kind of adopted. Despite being with a family, he does not officially belong to it. In such cases, currently, the couple must come to Court proceedings in the Children and Youth in the district where the biological parents live.
The so-called "the Brazilian adoption" is the record of the adopter without due process. Generally, children are sold directly by their biological parents or the hospitals where the woman gave birth to and abandoned the child. Sometimes there is a picture of an intermediary which, of course, charge for it.
Despite the good intention of forgiveness and justice, this form of adoption is considered a crime because it could encourage or benefit kidnappers or hijackers, and generate a "market" of children. Crime is punishable by imprisonment from two to six years and the record of birth can be canceled at any time, giving birth parents the right to appeal to get justice for the child.
One of the reasons that cause the adoption of Brazil "is the slowness of justice and bureaucracy that hinder the adoption official causing the candidates to give adopters the means considered easy, but illegal. There are cases where biological mothers repent the fact and use the courts to resume the child. The adopter is the condition of the well-criminal, brought to justice (Article 242 of the Criminal Code).
In some cases, the biological paternity prevails on the socio-affective affiliation. In 2006, the gaucho STJ has won a postulant of question that required the recognition of his biological paternity against his adoptive parents that the child registered as without the appropriate legal safeguards imposed by the State. The interesting in this case is that the postulant has had 50 years of age.
There are other forms of adoption or sponsorship considered. One of the ways is the "Family friendly" where a family is predisposes the temporary custody of children receiving subsidies, the network integration services to protect family and psychosocial follow up, during the months that have the custody of the child. In this case, the child living temporarily with a family. Another way is the type promoted by the sponsorship of the SOS Child, where couples can adopt children through the promotion of their education and leisure, and the child is admitted to public shelters. The couple came with your patronized in accordance with its possibilities.
Custody, guardianship, adoption
The Statute of the Child and Adolescent, Act 8069, July 1990, in section III, subsection I, defines the forms of placement of children or adolescents in substitute families:
28. The placement in substitute family will be in custody, guardianship or adoption, regardless of the legal situation of the child or adolescent under this Act
According to the same status are the following definitions for these terms:
Guard is required to support material, moral and educational for children and adolescents, giving the holder the right to object to others, including parents, besides ensuring pension rights. The guard is intended to regulate the possession in fact, may be accepted in the proceedings of guardianship and adoption, except for adoption by foreigners. It should be emphasized that, although they can not adopt, siblings and grandparents can seek custody of siblings and grandchildren, respectively.
Trust, the wording of Antonio José de Souza Levenhagen, is the power that the law gives a person able to protect and administer the assets of a minor who is not under the home power, representing it or watching it in all acts civil life. One of the intentions of the guardianship and custody of the property of the child or adolescent up to the moment when he is able to administer it personally.
The adoption, in accordance with Art. 41 of ECA, attributes the condition of the adopted child with the same rights and obligations, including inheritance, disconnecting it from any link with parents and relatives, except for marital impediments.
In some cases, the Court may provide children for adoption whose biological parents are deemed unfit for its creation. Justice dismiss the mother may be biological parents and place them for adoption. In such cases there must be a history of abuse or neglect with respect to the maintenance or education of the child. This dismissal is a measure of protection provided for in art.101, paragraph VIII, the ACE.
Requirements for adoption
Every child or adolescent may be adopted provided that a sentencing court to declare free family.
The adoption is irrevocable. It establishes the legal relationship between the adopter and adopted. According to the Statute of the Child and Adolescent requirements for adoption are:
- All adults over 18 years (since that is at least 16 years older than the adoption), any sex, marital status or nationality;
- All couples married or living in stable, provided that at least one spouse is over 18 years and 16 years older than the adopted;
- The couples divorced or legally separated, since the stage of coexistence with the adoption has started before the separation and that there is an agreement between the two on arrangements for visits;
- Who set bond of paternity or maternity leave with the child (a) (a) partner (a) or spouse (called unilateral adoption);
- The guardian or trustee may take the protected curatelado or if it has made the accountability of the administration of the goods safeguarded curatelado and Quito or the existing debt;
- The adoption of the uncles and cousins.
Under the same statute, can not adopt:
- Who does not offer family and benefits considered appropriate
- Who proves incompatible with the adoption
    - Who has reason illegal, illicit or criminal;
  - The parent and siblings of adopting.
The justification for the ban on adoption of a grandchild is based on inheritance inheritance. Since it would acquire the status of child, he would with his own father in that legacy.
The unilateral adoption of the call when one spouse adopts the child or concubines of the partner or spouse, without the biological parents can lose their home. It is a way to regularize the situation of children held in other relationships. After adoption, the mother is able to be exercised together. According to art. 166 of the ECA, where he has been recognized by a previous relationship of the parents, must consent to adoption, otherwise it will not.
Steps and criteria for adoption
The adoption can not be done by proxy, so it is necessary that he personally will stick to the nearest children and youth, with documentation of identity and proof of residence. A list of documents will be provided and all procedures will be explained. From this, he will be enrolled in programs for adoption.
Exemption to registration in the case of family or new partner, can be routed through the Public Defender, and the Court of Childhood and Youth lead the entire process for free, or if they hired a private lawyer, going straight to the office of Vara of Childhood and Youth. The adopter should express their preference in relation to gender, age, color and other characteristics of the future adopted.
The Court promotes a series of interviews and visits to the residence of the alleged adopters. The process follows the Promoter which arise on the adoption, and then sends it to the Judge, who will or not to grant clearance. Granted, the adopter has his name included in a list. For the purpose of preference in the adoption worth the approval date of this qualification. Remember that if the characteristics do not coincide with those dictated the preference, the child will be referred to the next list and so on.
The withdrawal of adoption is only possible during the "stage of existence." During this period, where the adopter and the adopted did not match it is still possible the withdrawal, since it has not yet been formalized. It is also possible that the court revoke grants of custody if it finds that the fact is harmful to children. After the formal adoption is irrevocable.
The old record of the child is removed and replaced by the new names of the adopting parents, without any information that could link it to their biological parents or their home, canceling the family past and creating a new one. The very process of adoption is of confidential nature to which the candidates have only access. The biological parents have no access to records and no information on the adopter. Only through a judicial process may have access to the records of the adoption, in the case of preservation of rights.
There is the possibility of granting custody of children to the adopters of the waiting list who express an interest, regardless of the adoption of a child to receive immediate and provisional character. Usually it is children newly born and abandoned. In this case there is bureaucracy and the child is taken immediately to the parents.
In the case of adoption of adolescents, their consent should be the fact, according to art. 45, paragraph 2. the ECA.
According to Law 10421/02, all women who obtain a court for custody or adoption are entitled to take leave and maternity pay. Is granted leave of 120 days if the child was one year, 60 days between one and four and 30 days between four and eight.
If the adopter will die during the process of adoption, the adoption can still be accepted, provided that the will of the adopter when in life. If the adopter dies before sentencing, the effects of adoption retroagirão the date of death. This type of adoption allows the adopter guaranteeing their inheritance.
Effects of adoption
The effects of adoption are two: personal and property.
The main effect is a personal membership and legal transfer of home power. The legally adopted assumes a legal paternity and the paternity adopter. Family relationships extend to the family of the adopter. In contrast, the adopted off are all ties with his family of origin. Is important to emphasize that the revocation, suspension or dismissal of the mother of adopters can not restore the biological parents (Art. 49., ECA).
The main effects are the property and inheritance for the provision of food. Art. 227, paragraph 6 of the Constitution of 1988 established the equality between legitimate and adopted children, giving both the same rights. There is no need to talk in more illegitimate children because all have the same privileges, which prohibited any discrimination.
§ 6 - The children, held or not the relationship of marriage, or adoption, have the same rights and qualifications, designations discriminate on any prohibited affiliation.
The Civil Code of 2002 also specifies that it is the isonomy All children:
Article 1596. The children, held or not the relationship of marriage, or adoption, have the same rights and qualifications, designations discriminate on any prohibited affiliation.
The Status of Children and Adolescents also assigns the same conditions:
Article 20. The children, held or not the relationship of marriage, or adoption, have the same rights and qualifications, designations discriminate on any prohibited affiliation.
41, par. The adoption gives the condition of the adopted child with the same rights and obligations, including inheritance, disconnecting it from any link with parents and relatives, except for marital impediments.
It, too, the Provisional Measure No. 2177-44, August 24, 2001 which provides for private insurance plans and health care and which ensures the possibility of inclusion of foster children in them.
International Adoption
According to the Civil Code of 2002,
Article 1629. Adopting a foreign follow the cases and conditions that are established in law.
We consider international adoption as an extreme measure, because only when it is exhausted all the resources for maintaining the child within the country and is considered an exceptional measure, in accordance with Art. 31, ECA.
The Statute of the Child and Adolescent says:
31. The placement in foreign substitute family is exceptional measure, the only permissible form of adoption.
One has to agree that the principles relating to sovereignty, international adoption, although legal and able to be made, shows, through reflections, the inability to care for state citizens. Although the adopted child does not naturally assume the nationality of the parents, believing it is true that it will adopt it's own life and living in distant country.
Article 46. The adoption will be preceded by a stage of living with the child or adolescent, the period that the judicial setting, the observed peculiarities of the case.
§ 1 The stage of coexistence can be waived if the adoption has more than one year old or, whatever their age, is already in the company of adopter long enough to assess the appropriateness of the establishment of the link.
Paragraph 2 In the case of adoption by foreigners resident or domiciled outside the country, the stage of coexistence, served in the national territory, will be at least fifteen days for children up to two years, and at least thirty days in the case of taking over two years of age.
Article 51 is Caring application for adoption made by foreign resident or domiciled outside the country, will observe the provisions of art. 31.
§ 1 The applicant must demonstrate, through document issued by the competent authority of their home, being duly authorized to adopt, as the laws of your country and provide psychosocial study prepared by specialized and accredited agency in the country of origin.
§ 2 The judicial authority of office or at the request of the prosecutor, may order the submission of the relevant text to foreign law, accompanied by proof of their validity.
§ 3 Documents in foreign language shall be attached to the file, duly authenticated by the consular authority, observing the international treaties and conventions, and accompanied by its translation by sworn public translator.
§ 4 Before consummated the adoption will not be permitted to exit the adoption of the national territory.
Art 52. The international adoption may be subject to prior study and analysis of a state judicial commission of adoption, which will provide the award of qualification to deal with the case concerned.
Sole Paragraph. The Commission shall maintain centralized records of foreigners interested in adoption.
According to BRIDGES OF MIRANDA, all benefits of the legitimate child is extended to adoption, except that the adopted not in fact acquires the nationality of the adopter.
Difficulties in the process of adoption
According to Maria Regina Fay de Azambuja, in its brief review of adoption from the perspective of the whole doctrine and the new Civil Code, the main situations that hinder the process of adoption as a whole are:
a) the fragmentation that down in communication between professionals working in the various systems and protective of Justice, for example, Guardianship Council, shelters, public prosecutors and the Judiciary;
b) the difficulty of monitoring the progress of cases, when they are transferred to other spheres of activity, such as when the business is the Guardianship Council for the Public Ministry;
c) delays in the conduct of the court made to ensure the full protection to those who have not yet reached 18 years;
d) lack of interdisciplinary reports, in the dismissal of the family and adoption;
e) the lack of therapeutic plan of work, seeking the restoration of ties with the child's biological parents, in cases of suspension or dismissal of the family;
f) the scarcity of programs to assist families in vulnerable situations;
g) the communication delays in the judiciary, the manager of shelter, important facts of the sheltered life of the child;
h) the lack of lawyers, public defenders and even interns, supervised by universities in charge of petition to defend the rights of the child placed in shelter and, by consequence, living away from family.


Per family must understand the ways of living of people within a certain core, or can not be expanded. One of the foundations of the family is stable coexistence. This stability can be acquired through legal or concubinage, as provided for in art. 226, paragraph 3. of the Federal Constitution. This article introduced in the legal sphere unions that were not previously considered, equating corporate entities in fact the family. Stable substitute for the name is concubinage.
Art. 19, the ECA says that every child is entitled to be set up and educated within their families and, exceptionally, in substitute family, assured the family and community living.
Although the child is entitled to be educated on family replacement, if necessary, nothing forbids it to be adopted by one person. One has to agree that from the time when the adoption is made, there is a link and therefore the creation of a legal family. Since the adoption is irrevocable, the stability is to be, at least in legal form.
The main features of stability derived from the living:
1) Public
2) Continuous
3) Enduring
4) With the objective of a family
5) Between man and woman
Still regarded as the family (paragraph 1 of Article 1723, Civil Code) those formally married, but separated from fact.
The causes of suspensive art. 1523, Civil Code, not weakened the stable, in accordance with Paragraph 2 of art. 1723, or may be considered as stable relations below, where the lack of proven harm to others:
I - the widower or widow who has a son of deceased spouse, while you do the inventory of assets of the couple and give shares to heirs;
II - the widow or the woman whose marriage is discarded as invalid or have been canceled until ten months after the beginning of widowhood, or the dissolution of the conjugal society;
III - the divorced, as has not been approved or determined to share the assets of the couple;
IV - the tutor or the curator and his descendants, ascendants, brothers, nephews or brother, to the person or curatelada Reporting, until we end the guardianship or curatela, and are not paid their accounts.
We need to talk on the stability of the union for a simple reason: the succession. While nobody likes to talk about death, we believe that it is indeed a natural and common to all. In the case of homosexual peers is a fact even more builders, not always the law recognizes the right of succession.
However, Article 226 only provides the liaison between man and woman, which excludes homosexual relationships. In other ways as well as family no legal support for the homosexual union. Since these unions are a social reality, we can say that the law has left a gap to be filled by more effective legislators, which contradicts the equality principles of the Federal Constitution and the rule of law. It is not just about enforcement of laws but of experiencing the rule of law by all. This is made with only living consciousness and generalized attitude.
Union homoafetiva
It is undeniable that the way to the recognition of the union homoafetiva and not to discriminate as in less enlightened times. The measures undertaken by entities organized and promotes information and ways to eliminate or at least slow down feelings and behavior contrary to that portion of the population, as studies, is around ten percent, which is an extremely significant. Certain family members are not reproductive recognized by law, such as single parents.
I think the biggest shock with respect to the legalization of union homoafetiva of their environment as "marriage." As the term denotes a heterosexual relationship dedicated to creating a family through subsequent reproduction, it is difficult for people to understand or accept "marriage" between persons of the same sex. Sometimes a simple change in nomenclature would facilitate the acceptance by society in general. Maybe, if there was an article in the Federal Constitution that treated the "homoafetivas unions" as a family, there is less discrimination. If the "homoafetivas unions" are legally equivalent to "marriage" may not exist much outcry against it. We can not forget that words have a very large weight in our discernment. Our mind works with them and our thinking derives from the notion that we have them. There is a dubiety as regards its meaning, it inevitably would lead to the way we think.
We believe that procreation is not the key element of the families. Many heterosexual pairs fail to have children for their own reasons, but did not cease to be a family. Love, affection and protection are crucial to linking of people to call family. These elements are also found in homoafetivas unions because they are links between people.
Homoafetivo and stable relationship
While the law does not progress with respect to the legalization of union homoafetiva, we need to compare to the liaison, as is currently the closest that exists in our legislation.
If you exclude the fact that the liaison relationship between specific man and woman, the other characteristics are of public living, continuous, durable and with the goal of a family. Believing that two persons of the same sex to come together to form a joint heritage, solidarity in the difficult times, enjoy the moments together so rewarding for both, it is true to say that is a stable, even if it is not currently recognized by law .
In a way, we can compare a family with a company or enterprise to which the offer and joined forces to achieve common goals. This is family.
According to the theory of Otto Bachof, you can declare unconstitutional the constitutional rules that hurt the Constitution, since the principles on which it is permeated are superior to their own standards. If we base on the principles of the Petros and equality with which it seeks treat everyone, is not correct to say that the legal description of matters involving ten percent of the population can be declared an unconstitutional.
Notions about succession
The term succession means replacement, descent, quality transmitted to offspring. According to the Dictionary Aurelius, is transfer of rights and / or charges according to certain standards or transmission of the heritage of a finado to their heirs and legatees. Legally, the transfer of rights and obligations made mortis causes. Art. 6. the Civil Code says that the natural existence of the person ends with the actual or presumed death. From that moment to settle the principles of succession and may be temporary in case of absence.
Extremely important in the formation of families and particularly the unions homoafetivas, is knowing some basic notions of inheritance. Previously, the legal principles on adoption were mostly related to the succession. For history, we learn that some of the major impediments to this procedure was linked to the heritage legacy for the children. The equivalence between legitimate children and was adopted only in our last our last Civil Code and Constitution.
The inheritance promotes the entry of other persons in possession and ownership of the assets of cajus through family, marriage, testamentary or other defined by law and may be universal or singular. Universal is that the inheritance is transferred as a whole to one or more natural heirs and assigns a well when one or more covered.
The succession may be legal or testamentary. At first, it derives from the facts related to the constitution of the family. In the second, it is required by will.
It is characterized by various effects, the death of the holder of the estate and the existence of heirs: the opening of succession, the return portion, or delegation, and the acquisition of inheritance or addition. First is the time that is the inheritance law, the offer is returned to whom the inheritance of law, and acquisition is the appointment of heirs in legal relations of the author's legacy.
In principle, opened the succession, the spouse assumes the administration of property, should practice the acts necessary for the subsequent allocation to each heir or legatee of the property to them. If not do so, the legacy will be declared and present, in the absence of heirs, shall be declared vacant, a condition in which the state takes possession. It is the present estate, one should make the collection for safekeeping, curator of conservation and management, where, no will, the deceased leaves no spouse or descendants, ascendants or collateral successor.

Also present will be considered when the heirs renounce the inheritance and not spouse or any successor collateral. The order, take part in the inheritance descendants, ascendants, surviving spouse, side to the fourth degree and, finally, the State, when declared vacant.
The surviving spouse falls by half, while the other half is distributed among those to whom the right belongs. For children, it is important to declare, after the death of a parent, a waiver on your part to survivor. This will prevent many hassles for it.
The Civil Code allows the convivente in stable participation in the succession of another, for property acquired during the burdensomely stable under the following conditions: if competing with children in common, shall be entitled to a share equivalent to that by law is attributed to son, if only compete with the downward author of inheritance, fit him to half of that belongs to each of those, is competing with other relatives sucessíveis will have the right to one third of the estate, and no relatives sucessíveis, touch - it is all the inheritance. "If for no pact between conviventes, the system of partial communion prevails is entitled to half of the property left by the legacy, if from its activity in cooperation with the same or be acquired during the burdensomely stable."
Succession in unions homoafetivas
There are no legal provisions which establish the succession in homoafetivas unions. The coexistence of partners does not give them the inheritance law. The routing is common for courts to recognize a fact of society, from which it originated, in common effort, goods and rights. The existence of heirs at law are established, a priori, the way in which the inheritance is distributed. Article 1829 of the CC states that compete in succession the "surviving spouse". As homoafetivas unions are not equivalent to marriage, does not recognize the link to the surviving spouse of the same. However, judging it worthy of the estate, the survivor can petition demand recognition of their inheritance law, for the recovery of the estate, or part thereof, against whom, as an heir, or even without the title, have (art . 1824).
As understanding of the 3rd. Class of the Superior Court, that the property of homosexual pairs can be shared, it is essential that each party has been demonstrating its participation in the constitution of the common heritage. The exemption of evidence occurs only when it is a stable union between man and woman. In the case of homosexual pairs, the evidence does not prevent the fact or makes a ruling favorable, because it has to be considered in shaping a society in fact.
The Court of Missouri in 2006, has understood that it is the judge of Family Vara declaratory action of society when in fact the case involves homosexual pairs. The referendum decision ruling by Judge Maria Luíza People of the Cross, the 2nd. Vara Family, Women and the Civil Goiânia, which granted the partner of a homosexual, who lived for 6 years before his death, together with rights of inheritance of the children. However, the Superior Court of Justice of Rio Grande do Sul has determined that the dissolution of unions homoafetivas sticks are made in civil lawsuits, reversing the Court of Justice of that state, to understand that the dissolution of society to fast with division of property caused by a woman and her companion was the competence of the Vara Family.
Some isolated cases and in the Civil Court of Appeal. 70001388982 on March 14, 2001, and by the Rapporteur José Carlos Teixeira Desembargador Giorgi, the 7th. Civil Chamber of the Court determined the equal division of property, giving the surviving partner meação the legacy and the adopted daughter of the deceased during the meeting. Desembargadores gauchos recognize that relationships, even without diversity of sex, meet the requirements of affection, stability and overt established by Article 226.
Another is the case in favor of the union between the photographer Marco Aurélio Rodrigues Cardoso and plastic artist Jorge Guinle Son. In 1988, a sentence of Justice recognized the right of Rio Marco formed over the wealth he and his partner, rejecting the claims of Dolores Bosshard, mother of Jorge Guinle Son.
The most notable case is that of Cássia Eller and his partner Maria Eugenia Vieira Martins restricted to the custody of the child known as Chicão. To die, Cássia Eller has only one apartment, then valued at U.S. $ 350,000. Why not be a singer and songwriter, gains with your music there as they are played, because it is not the compositions themselves, consequently, it has the ability to receive copyright. The account also for the provision of family members of Cássia Eller not to plead in court any inheritance.
In February 1998, the Superior Court of Justice of Minas Gerais has the right of inheritance to a homosexual on an apartment bought together with her partner, who died in 1989. The value of the property was estimated at U.S. $ 120,000.00 at the time. The sentence was decreed that half of the companion and the other half belongs to the family of the same for a period of seven years.
In 2004, the state senate Eulina Maria Rabelo de Sousa Fernandes had its application to the mayor of the municipality of Vizeu, in Pará, quashed by the TSE, as his companion at the time, was holding the office. The Superior Electoral Court found that homosexual pairs should be subject to the same obstacles that the Constitution provides for heterosexuals. As a partner of the mayor, it should be abandoned by the time stipulated by law.
In 2005, the Court of Rio Grande do Sul recognized stable between the two women and determined that the widow companion entered the sharing of goods. The decision is the 7th Civil House. In the process, the women lived together for 16 years. Moreover, the pair adopted a boy, albeit uneven, of which the widow was godmother.
The most appropriate way to settle the succession would be the creation of a society in fact, as a business, between partners or legation, by will, of its assets to another. Although judgments favorable to the survivors, mainly in Rio Grande do Sul where the law is more flexible and appropriate to the society, should not run the risk of losing the fruit of a life in common.
Pension rights in unions homoafetivas
Decision of the 3rd Previdenciária Vara de Porto Alegre, which granted preliminary match pension rights of homosexuals and heterosexuals, with national coverage. Originated by Public Civil Action, brought by prosecutors against the Federal Social Security, for protecting early, assured, until a trial on the merits, the perception of aid, incarceration and death of the pension recipient. Although an administrative character, is the first regulation that includes links homoafetivos. The Normative Instruction 25, of 07 June 2000, the INSS, for granting benefits to gay companion or partner, given the determination of the 3rd. Vara Previdenciária of Porto Alegre.
On November 30, 2001, the Legislative Assembly of the State of Rio de Janeiro adopted a bill amending the existing law on the state pensions of servers, to ensure the right to pensions for homosexuals.
The Ministry of Finance published in June 2004, an ordinance regulating that homosexual partners have the same rights of heterosexuals in the payment of insurance DPVAT car in case of death of another, bringing the homosexual partner preference depends on the condition
The Ministry of Agrarian Development recognized the stable server homosexual and the right to include your partner as a dependent. The decision was taken following a request from a server in 2005. Besides the ministry, other government agencies such as BNDES and the federal Radiobrás have recognized the rights of homosexuals living in stable.
In the process 2005.201970-6, the 2nd. Vara da Fazenda Pública de Recife, the court of first instance Luiz Fernando Lapenda Figueiroa, recognized the right to pension in a case involving stable union between two women. The judge determined that the Foundation for Retirement and Pensions of the State of Pernambuco pay due to the surviving partner, recognizing the union as a stable 28 years between them.
In 2005, the Court of Sao Paulo said the teacher Aranha Filho Francisco José Espósito the right to include your partner as a dependent on your health plan. His employer, the Fundação Getulio Vargas, never denied him the right, however, the International Medical Assistance (AMYL), refusing to make the inclusion of the partner.
Whereas the scheme is the main form of social security and satisfaction that is a right arising from the exercise of gainful employment and payment of contributions, provided the insured and their dependents, its extension to homoafetiva survivors of a union is sufficient demonstration of that the legislation recognizes the fact. At Justice, the understanding to recognize stable to force the institutes of pension plans to pay for the death of mate is already well established. The Superior Court of Justice itself has recognized this right.
Moreover, there decision to send health plans include the partner as a dependent partner. Moreover, there are courts that do not recognize the union of stable homosexual couple, because I believe that legally no such union exists.
The Law and Homosexuality
Why not like homosexuals?
This question is extremely valid when it comes to adoption, because the repulsion of most people to homosexuals is striking enough to prevent the process. The more correct term for this belief is that homophobia is expressed as the aversion to homosexuals or homosexuality.
One of the works of Chico Buarque de Holanda, the Opera of Malandro, has Genival gay character, which at night turns into Geni. The music for it, "Geni and Zeppelin is one of the greatest illustrations of violence against homosexuals and describe reality with the thought of heterosexuals in relation to them.
Interestingly, the largest repulsion happens to gay men, perhaps because they have more significant or more prominent. The stereotypes instilled in our minds are almost always ridiculous and deserve to remain in the lowest social level. The female homosexuality seems to be restricted to men or erotic dreams manifests itself in a less intense.
The main stereotypes of homosexuals are those related to extreme promiscuity, pedophilia and the existence of an individual asset and liability.
The stereotype of promiscuity is linked to the notion that homosexual behavior is of course the sex and makes the largest possible number of participants. In this case, of course, sex is not connected to procreation, which creates the natural barriers when it comes to women. We believe that the male is available one hundred percent of his time to sex and the female is potentially available for sex. Although female characteristics, the homosexual, in his male body would have the same predisposition of man and be available for sex at every opportunity and with different partners. Some stereotypes like the whore that would strengthen the concept that homosexuality is linked to promiscuity.
The interpretation of homosexuality as a disorder associated with child abuse, as this is often between adult men and children or adolescents of the same sex. Scientifically there is no relationship between homosexuality and pedophilia, as this is resulting from a mental condition while the other, probably, should have a genetic basis.
The allocation of the traditional male and female roles for homosexuals more results of the comparison between heterosexual pairs than the truth itself. The appearance or how the homosexual is presented, showing or not traces of femininity, not the conditions for male or female role. A comparison with heterosexual couples can not make sense because the structure of both are completely different. Being distinct, there is no possibility of comparison.
Another stereotype that is presented is that associated with AIDS. Initially it was known as "gay plague" due to the fact that the first patients were homosexual. The first "study" on the virus assure that the vehicle of transmission was the relationship anal. In 1982 she was given the name of the disease 5 H, as was found in homosexuals, hemophiliacs, Haitians, and heroinômanos Hookers (prostitute in English). In 1983, with the first notification of a case of AIDS in children, and in Brazil, the first time a woman, started to consider homosexuals to drug users and heterosexual transmission of disease to users also. This year starts the first criticism of the nomenclature as the main victims of so-called components or groups of risk were homosexuals and Haitians. In 1985 the term "risk group" is deleted and the term "risk behavior" is adopted. Being considered a sexually transmitted disease (STD) and although there is officially no discrimination to homosexuals because of the disease, still remains in people's minds the relationship between the two.
A company culture that considers homosexual individual who makes the passive role and that is so feminine. It is a common man have any relations with a transvestite or effeminate and not be considered gay for that. The fact make him the role of male and another to the role of female identity, which gives it the judge has, or to man. Probably dominant in the identification of a sexual relationship where the man stays on top of the female, available for almost natural, it gives this assertion. Given that the man still has the image of being the head of the couple, the dominant within a family and their work, and where a woman is socially relegated to the background, it is easy to assume that those that reject the masculinity of how we know, it's easy to assume that those who do not fall within that standard is seen as being inferior or less capable and therefore of domination in its many forms. The identification of an active homosexual said occurs when he joins with another as a couple.
There is a mystery with regard to the origins of homosexuality. Medicine, psychology and other sciences do not yet have a definitive opinion on the matter and all possible explanations lack adequate basis, or are not valid. Parallel to this there is pressure on the part of religions that consider the human condition as sin. The natural fear that we know about what imprecations against the allied fact derived from our beliefs, ends up causing a feeling of disaffection for these individuals. Before you know the electricity, the rays were seen as forms of divine punishment and killed by this phenomenon was considered as holders of the same. The lack of knowledge and a proven wrong instilled in our minds cause social harm of major consequence.
A major fear of parents is related to sexual tendencies of their children. It is common for the father trying to make sure that the child has the same sexual orientation it. In general, this problem does not affect girls, often seen as only elements getter. When a child takes his homosexuality, the parents usually blame or try to find explanations Therefore through beliefs or opinions derived from them.
I think one of the reasons that lead us to ignore the gay people or as citizens equal to all, is the fact that we see in our children our own continuity. The children carry our genetic material and are therefore a means to our "immortality." We both fear of death that we believe that our children will lead us through their children, an eternal memory of our person. Do not forget that one of the main reasons the adoption in ancient times was precisely the way the family preserve their identity through worship their ancestors. As a gay couple is not playing, we believe that our experience is extinguished through lack of heirs. Perhaps the prejudices we have against homosexuals is derived that our desire for immortality through our descendants and for which they do not show ready.
I believe that religious invectives against homosexuality derived from the same fact. Every religion grows by vegetative means or by adoption. The vegetative form is more common, as families usually maintain a religious identity. Parents send their children to religion that should do the same. A religious organization would be against any sort of naturally reduced or not your growth, because inevitably be extinguished. Again, not procreation for homosexual pairs would be a factor to define its own action. In this case, I think this is more a question to expand and maintain the power they have. Another factor, in my view, is the loss of control of the followers, because most of the religions, especially the more fundamentalist, establish standards of behavior as the determinant for the establishment of ties with it. Who is the behavior dictated by religious rules cease to belong to that religion. One way to establish control of behavior is through regramento sexual activities of his followers. The control of sexual drive is one way of controlling your own individual.
I, too, we have social tensions that need to be channeled into something that does not disturb our lives. One of the most ancient and is known to recognize the superiority of one class through discrimination and oppression of another, usually minority. This diversion of attention from problems that affect the company is common in all types of governments. Some of them, holders of profit and outbursts of supremacy over other nations, invade countries to maintain the quality of life within your. It is noticeable that some invasions of countries in the Middle East are only for the purpose of economic gaps and social tensions within the country attacker. A case was made clear the invasion of the Falkland Islands by the then President Videla in Argentina. The social pressure because of economic difficulties was falling on the non-democratic regime and a way of deviation was taken Malfa islands. The homosexuals have been victims of these social tensions and still remain because of their peculiar and not due to the fact of being minorities. If this aliarmos not satisfied with our desire for immortality through descendants, have a group susceptible to be used for diversion of such tensions. How we can download our iras on who is stronger, end up cut into it to others who believe not react.
The Law and Homosexuality
The preamble of our Constitution is based on the feelings that guide it. Ali says that establishing a democratic state to ensure the exercise of social and individual rights, freedom, safety, well being, development, equality, justice and supreme values of a fraternal society, pluralist and without prejudice, founded on social harmony and committed, in domestic and international, with the peaceful settlement of disputes, under the protection of God. If it were not a preamble of a constitution would be poetry.
There's no denying that it should include all people, the way they are. The only thing that can testify against someone is turn the eyes of the law. Being different, belonging to a minority or not according to the standard that we believe should be extended to others, does not deny the other rights set out in its overall principles and forms of law. If the legislation has shortcomings when it comes to certain situations, apply its principles to eliminate any doubt.
The homosexuality, withdrawal of our medical and legal concepts as contrary to the laws and abnormality, is limited to only a specific form of coexistence between human beings, relegated to the option of each individual and exclusive jurisdiction of the same. Thus, the law extends to everyone in their way of Justice. Extending to all, there's no denying it.
Adoption by homosexual pairs
Within the law, there are no standards establishing the legality of adoption of children by homosexuals. Some sentences, however, have to gain in some cases causes. While the Brazilian law to build the basis of case law, this openness, however, should be expressly provided by law, so that let us fall into the sin of disregarding the advertising isonomy that the Constitution guarantees us. On issue, as research in the STJ in June 2006, yet no case law.
Nevertheless, there is no standard against which expresses the fact. Since nobody is obliged to do or stop doing but according to the law, there is no restriction against adoption by homosexual pairs. A person's sexuality can not be alleged against it in any case. There is even a paradox to this, when the law says that anyone over 18 years can adopt a child within the forms of law. Technically, if one of the partners resolved to adopt a child, he would have legal support for that. The problem lies with the succession, since the child would be heir to his property and not those made in conjunction with your partner. The most viable solution, while not legislate on the matter would be to adopt the form for testamentary transfer of assets of both to one and another, and also for the child adopted by one.
However, if we believe that being a union homoafetiva and we can consider it as a family, the adoption of only one partner could weakened the concept of family, which completely distort the concept of equality more than in our laws ratified .
One of the arguments against gay adoption by peers is one that says that the education given to children and their parents living with their new open space for it to also become gay, or the behavior of parents would be acquired or influence the child. As we do not know yet the cause of homosexuality, is a difficult argument to be sustained, because if homosexuality is genetic, as some studies, children have their sexual orientation have coded in their genes. If homosexuality is acquired through performance and not against the law, whatever that person's sexual orientation, since it is something of its exclusive jurisdiction.
The lack of a figure, maternity or paternity, within a couple gay could lead to a inidentificação the child, or she would not have parameters of behavior in their adulthood. It is the theory of Freud and its complex. However, that archetype does not exist in all of the forms currently regarded as the family structure. Parents separated, widowed or unmarried adopters are facing the same problem, which, based on this theory, the would also create or adopt children.
Some people are afraid that their adoption by homosexuals makes the child the subject of pedophilia. However, pedophilia is a mental disorder and personality of an adult. This disorder can exist in all sexes and no correlation between it and homosexuality, as I said before.
Another argument used is the social pressure that a child created by homosexual pairs have in living with other children and other people. In this case, I believe that the social pressure on children living in homes for adoption is greater than if it were established within a family, even though different from the others. A phenomenon called hospital, which translates to a sintomatização mental and physical elements of admissions produced by it is common in children, not counting that they can develop a psicotizante condition due to the uncertainty produced by the uncertainty arising from lack of parents. This is more of a paradigm breaking as it becomes a social unexceptional and normal, we began to accept it as the others. The coexistence with different people with different thoughts and behaviors is part of a fraternal society, pluralist and without prejudice, based on social harmony and committed, as the preamble to our Constitution. Live with people that do not fit into our patterns we call "normal" should be a stimulus to our own evolution as human beings and not a barrier to this.

However, as something new and carecedor the wider social acceptance, it is fair that the law adequately walk, in time, so that it occurs. In our laws there is a requirement for periods of coexistence between the adopter and the adopted, assisted by the State. This period is appropriate for understanding situations and establish guidelines.
A decision on Catanduva (SP) in 2006 made possible the pair formed by gay hairdressers Junior Pedro de Carvalho and Vasco da Gama to adopt the girl Theodora. Along with the decision that gave custody of the son of Cássia Eller to his partner Maria Eugenia Vieira Martins, formed the first block in advance of the issue. It emphasized that in Cássia Eller If the courts give custody to the grandparents, if so follow the law strictly. However, parents of Cássia Eller agreed that maintaining the child next to her partner Maria Eugenia would be more favorable to this, since the relationship of the two was extremely emotional and that the separation could cause psychological damage to the boy.
Some isolated cases of adoption by homosexuals already existed, but not in the form of recognition of a stable, so that the children were taken individually by their partners. These two cases, in addition to adoption, the pairs still fall within the concept of a family structure.
In ECA, the main source of its rules is to provide the maximum possible protection to children and adolescents, including in the form of adoption. Looking in that case seek real advantages to adopting and developing these advantages in homoafetivas unions, one can not deny them their right.
The law as promoter of change
In mathematical zenonianas there is the fact that a walk half way and then half the half and then never come to end it. This is so undeniable that it can be estimated. Means traversing paths may never reach the end of it. Achilles is not such an advantage to the turtles when he came before them. To go a distance of ten meters if we wanted to do it just walking half of it each time, not come to the end. Half of ten is five. In the five steps of the final, percorreríamos only two and a half and so on. Never come to the end of it. Maybe this is a reminder that we should not leave anything without an end. Perhaps our problems are equal to the turtle. We must never give them advantages. When you have to do something, we go all the way to the end. If we add all the half-measures, half-truths, half-stock, we can never have something complete. A first step is always difficult and walking more, but it is worth nothing if stop where the road is not that where we want to reach. The sum of the parts is never equal the whole. May be more or less. Be is an attribute that only we can give you.
It is at first sight, the notion that the law is with what seems to give advantage to turtle and Therefore never achieve it. The law, generally, is to exist after the occurrence of various situations in which there regramento, leaving it to the settings on the new processes. However, these processes have already occurred and the only law is due to new cases. Nothing more just because the crime only when there is impossible and can be typified legislate on something that has not happened.
However, some changes only operate when activated. The law, although in most cases is a step behind the social processes, may be the promoter of change when the vision of a future seems to be appropriate and should try to reach it.
With regard to society, the law should be the primary mentor of the reforms. By having the correct concept of how we should be and knowing that only achieve this through a legal basis, no less true that the law is ahead and establish the necessary reforms, based on the claim that we have a sovereign country. You may be immersed in water, but it is not drinking, its headquarters remain.




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