Colloquium Humanarum (Apr 2014)
OS PRECEDENTES JUDICIAIS DA UNIÃO HOMOAFETIVA
Abstract
We will address here the question under study, from a home search in our jurisprudence, concluded after a search through the solutions given by the concerned State High Courts in our country, as well as decisions relating to the subject Tracks by the Supreme Court and Superior Court. Let the parameters that adds each instance studied, its results and what comes to understanding and deciding, as our planning does not include defense homoafetivas need unions, but as I analyzed the acceptance of such a right only depends on specific regulation, as there is solid reasoning explained the assertions in retrospective studies. In this study, which demonstrates the social construction of sexuality as well as strength in the value of affection in the family, likewise, non-discrimination and acceptance of such unions based on constitutional principles found in our Constitution and recognized by our legal system, without forgetting the progress in discussions on the subject and the projects in the National Congress. While the approval and acceptance do not occur uniformly, seek answers in the law that adds all the solutions given by the courts on points of law.
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