LEGAL AND SOCIAL BARRIERS AND THE ROLE OF THE JUDICIAL POWER IN CONSTRUCTING THE RIGHT TO ADOPTION FOR SAME-AFFECTIVE COUPLES

This monograph addresses the topic of adoption by the same-sex family and the importance of the role of the judiciary in the construction and implementation of the fundamental rights of all individuals involved – adopting and adopting. Its objective was to demonstrate that the institution of adoption and the legislation that surrounds it do not present obstacles to adoption by this type of family and that prejudice is, as a rule, the impediment to its implementation. The methodology used in the work was bibliographic in nature, based on consultation of laws, specifications, books and articles on the topic. The results show that the decisions of the Federal Supreme Court and the Superior Court of Justice, with emphasis on ADPF nº 132/RJ and ADI nº 4.277/DF, do not exercise their duty to protect fundamental rights, seeking to eliminate discrimination and prejudice facing homoaffective, monoaffective and transgender families, reflecting on the adoptions carried out by these groups. Furthermore, to show that, although the position of the courts represents progress towards following social movements, it is still necessary to construct specific legislation on the subject, in order to guarantee the rights inherent to same-sex family entities who wish to address the interests of children and adolescents housed in care institutions, giving them a new opportunity for family life.