HOMOAFFECTIVE UNION AS AN EXPRESSION OF THE SEARCH FOR HAPPINESS: THINKING ABOUT THE COUNTERMAJORITARIAN ROLE OF THE STF FOR THE RECOGNITION OF NEW FAMILY ARRANGEMENTS

Abstract

The main objective of this article is to explain the changes in the family over time and history, also exercising an understanding of these phenomena. The methodology used was historiographic and deductive, based on research based on scientific articles that discussed the topic in question. The family, throughout historical periods, had the need to transform itself, in order to condition the healthy development of human beings, so that the traditional and patriarchal family became stratified, giving rise to new family identities. One of the perspectives to be analyzed in this framework is the homo-affective union and the ethics of affection. This is because affection is, today, understood as a basic principle of the constitution of the family body, and it is from the same-sex union and the legal advances conditioned to it, that other families have been gaining space and visibility in the legal sphere. Thus, the STF's countermajoritarian role comes into play, capable of solving problems linked to legislation that does not support or suit such families, representatives of social minorities, supported on unconstitutional bases. Therefore, it is understood as crucial the performance of such role by the STF, so that there is the promotion of an egalitarian, free and democratic society.