Homoparentalidade e institucionalização do direito à adoção: o legado da pesquisa na pós-graduação brasileira

Abstract

The formative path of Brazilian homoparental families, as well as the right to adoption, was being constructed, amidst the struggle for the implementation of a robust agenda in the search for the formulation and implementation of affirmative public policies and defending the demand for recognition. Adoption by same-sex couples is, therefore, a recent phenomenon in the country, with the first steps beginning in 2003, however the existence and reality of same-sex families dates back to the earliest times of civilization. Affirming the right of same-sex families to form themselves and thus worship their children is perhaps one of the main points of tension, considering its dimensions of intersectionality, and, for these reasons, the aim is to study and understand this context. Therefore, with regard to methodological structuring, the choice was made for a proposal of a qualitative and interpretative nature based on a detailed bibliographic and documentary study on the topic addressed, carried out from the perspective of studying “State of the Art” or “Knowledge”, guided by the investigative frontier of hermeneutics from an objective perspective. It is important to highlight, as an internal logic of elaboration and conclusion, the mode of deductive reasoning. In the second chapter, the socio-historical analytical method was adopted. And in subsequent chapters, the critical-dialectic method. In the meantime, to analyze the historicity and hermenetic sources of the formation of same-sex families and the right to adopt, as well as the actions of social actors in the sphere of public policies, reflections are presented through delimited objectives. As a general objective, we have to analyze and interpret the categories of analysis used in research on the topic of same-sex adoption, in order to verify the direction in which such scientific work has led the issue of adoption by same-sex couples, taking into account that there is still no specific law to regulate family formation and adoption by such families. As specific objectives, we have: a) analyze the categories interrelated to the context of family formation and adoption by same-sex couples; b) verify the contribution of research on the topic to raising awareness of the creation of laws that support and regulate homoparental families, as well as adoption by them; c) examine the direction in which research on adoption by same-sex couples in Brazil is being conducted. By way of conclusion, it was clear that the formation of same-sex families was marked by a lot of struggle and discrimination, however, contemporary society has evolved and retrograde thoughts are being deconstructed, giving space for acceptance and empathy. As for the adoption of children and adolescents by such families, the outlook for development is also positive, as adoption by same-sex families has been possible since mid-2010. Research on the topic proved to be of great help in demystifying adoption by such families. However, it is still not enough for the legislation to be modified, in order to bring legal certainty and protection to same-sex couples who intend to qualify for adoption.