The approval of PL 580/2007 – legal insecurity in front of the prohibition of the civil contract of Homoaffective union

INSEGURANÇA JURÍDICA FRENTE A PROIBIÇÃO DO CONTRATO CIVIL DE UNIÃO HOMOAFETIVA

Abstract

This article aims to study the legal setback brought about by the approval of PL 580/2007, which prohibited the Civil Contract of Same-sex Union. In the first topic, the concept of family and stable union is analyzed, and the need to expand these definitions to encompass new social demands. Next, we examine the actions and consequences when homoaffective unions are equated with civil marriage, using the practice of legal activism to ensure that the homosexual population has its fundamental rights enforced. And, finally, the approval of PL 580/2007 is analyzed, which prohibits the Civil Contract of Same-sex Union, which is inconsistent with its initial objective. To this end, a qualitative study was carried out, through bibliographic and documentary review, using sources such as books, articles, legislation, video recordings of public hearings and reports. It was concluded that, in the absence of a law that prohibits or regulates a certain conduct, it is considered lawful, since the law prevails over the law. However, any attempt to obstruct progress in guaranteeing fundamental rights for individuals in these situations is marked by prejudice rooted in society. After all, homosexuality is an intrinsic part of human life, and in same-sex relationships there is the right to love and share affection. Still, there is no standard that fully recognizes this reality, even if sexual autonomy is a legal institute, a form of freedom and a personality right.