Family and Homossexualism: Hermeneutic Analysis of the Concept of Family at Atala Riffo and Children vs. Chile Case, Inter American Court of Human Rights, Analysed by Hans-Georg Gadamer's Hermeneutic Teory

Abstract

This article has as his main object of study the family concept adopted in the case Atala Riffo and Girls Vs. Chile, Inter-American Court of Human Rights, analysed by Gadamer's hermeneutics. Therefore, we opted for a factual exposition of that case, followed by a theoretical exposition on the main hermeneutical gadamerianos institutes, namely: tradition, hermeneutics situation, effectual history, fusion of horizons and language; to the end hermeneutically analyze the judgment delivered by the Court, concerning the adoption of a family of design in that case. There have as objectives, initially, set out the facts themselves to that case, describing the processais aspects which led to the Inter-American Court, besides exposing rights, and their respective articles, relating to the concept of family, considered violated by the State of Chile; conceptualize the main Institutes Gadamerian hermeneutic in order to provide the substrate necessary for the theoretical hermeneutic final analysis; analyze hermeneutically the judgment rendered by the Court, relating to the support of a family concept in this case, from such concepts of Gadamer's hermeneutics. These objectives have the purpose of allowing the completion of the hermeneutical analysis of the judgment in the case, by the Court, with regard to the consideration that the relationship formed by Ms. Atala Riffo, his mate, her three young daughters and her eldest son, constitutes a family entity, a family life.