SAME-SEX FAMILIES ND LEGISLATIVE OMISSION IN BRAZIL: JURISPRUDENTIAL ADVANCES AND THE IMPACTS OF THE LACK OF SPECIFIC LEGISLATION FOR THE EFFECTIVE REALIZATION OF RIGHTS

Abstract

This research analyzes the absence of specific legislation regarding same-sex unions in Brazil and its impact on the realization of the rights of these families, even after their jurisprudential recognition by the Federal Supreme Court. The study addresses the issue of how the lack of a legal norm compromises legal certainty and the full guarantee of the rights of families formed by same-sex couples. The general objective is to understand how this legislative gap affects the legal protection of these unions, while the specific objectives are to study the historical evolution of the concept of family, examine the legal recognition of same-sex unions, and identify the impacts of legislative omission. The methodology used was bibliographical research, based on legal doctrines, legislation, case law, and scientific articles. It was found that although the Judiciary has promoted significant progress through landmark decisions such as ADPF 132 and ADI 4277, the absence of specific legislation continues to leave same-sex families in a situation of legal vulnerability.