Legal adaptations in family law: new family configurations

Abstract

The Draft Bill (PL) No. 5,167/2009 proposes a restrictive definition of family, limiting it to the union between a man and a woman and excluding other family forms, such as same-sex unions. This proposal conflicts with the decision of the Supreme Federal Court (STF) in Direct Actions of Unconstitutionality (ADI) No. 4,277 and in the Request for Compliance with Fundamental Precept (ADPF) No. 132, which recognized same-sex stable unions as family entities. The Draft Bill, still under consideration, sparks debates about its constitutionality and the possible impacts on contemporary family configurations. While its proponents argue for the preservation of traditional family values, its critics point to the proposal's unconstitutionality and its contradiction with advances in STF jurisprudence. The critical analysis of the Draft Bill in light of the STF decisions aims to identify possible normative conflicts and implications for the rights of new family configurations. The research combines bibliographic analysis and comparison between the Draft Bill and the STF decisions, aiming to offer a comprehensive view of the legal and social challenges involved in the possible approval of the bill and highlight the importance of inclusive and updated legislation for the protection and recognition of diverse forms of family in contemporary society.