“Amor, direito e solidariedade”: o reconhecimento de famílias homoparentais formadas por adoção

Abstract

The emergence of the possibility of civil union and marriage for homosexual people, due to the decision from brazilian Supreme Court in 2011, has guaranteed to this group family rights that were not previously recognized, among which is joint adoption. From this scenario, it is necessary to understand which are the aspects involved in the formation of a parental family through the adoption for same-sex couples, despite the legal guarantees already achieved. In this sense, the objective of the research is to understand the process of formation of homoparental families through adoption, based on Axel Honneth's theory of recognition, in its three dimensions of intersubjective recognition: love, rights and solidarity. The methodology consisted of qualitative analysis and two research techniques: bibliographic review of the literature in the fields of sociology, law and psychology and documentary analysis carried out at the Childhood and Youth Court of Montes Claros, to search and investigate legal proceedings of habilitation and adoption filed by same-sex couples. It was concluded that the dimensions of intersubjective recognition described by Axel Honneth in relations with others (love), in institutional practice (rights), and in coexistence in community (solidarity) can be related to the path of constitution of homoparental families formed by adoption. Aspects of effective recognition and refusal of recognition were observed in the families surveyed. The expansion of the subjects' freedom to experience their sexuality was pointed out as an important element for the self-realization provided by recognition.