AS IMPLICAÇÕES DO REGIME DE BENS PARA O CASAMENTO HOMOAFETIVO VIDE O ANTEPROJETO DO CÓDIGO CIVIL

This paper addresses the implications of the property regime for same-sex marriage. The concept of family has been evolving in the Brazilian legal system and in other nations, mainly due to social changes that are constantly occurring, and new types of family groups that are being formed, establishing new values and meanings of life. The main objective of this paper is to demonstrate, in cases of legal separation in a same-sex marriage, how the rights of each party are configured. The methodology adopted will be a bibliographic review of literature, with emphasis on the most current and relevant books and articles on the subject. It is concluded that the subject is of great relevance today in the country’s courts, in the scope of Family and Succession Law, due to the number of lawsuits involving same-sex couples, requiring the judge, due to the lack of specific legislation on the subject, to rely on analogy, general principles of law, such as respect for human dignity and affection, as well as doctrinal and case law texts to resolve such issues.