Licença maternidade para casais homoafetivos

Abstract

Given the legislative omission about the legal guarantees of homosexual couples, several questions and insecurities arise within the application of the law. In the meantime, as a way of elucidation of some important issues, this monograph's main objective is to demonstrate how the protection of the rights of homosexual couples should be made, especially with regard to maternity leave. For this to be possible, an analysis will be made of family entities, taking into account the modern family context and the principles that guide these relationships. Likewise, the protection given by the Constitution to the homoaffective family will be shown, as well as the legal possibility of adoption by them. In addition, a historical and legislative analysis will be made of the maternity leave institute, so as to understand its application in the labor sphere and its importance. For this purpose, will be demonstrated the possibility of extension of this institute to the adopters and, finally, homoaffective couples.