Chapters of a Story: the STF ruling about same-sex unions in the light of law as integrity

Abstract

this work analyses the STF rulingthat recognized same-sex unions, based on lawas integrity theory of R. Dworkin and on documentary research about the subject. It criticizesthe use of legislative intent as a ground to con-clude that the Constitution prohibits same-sexunions and argues that the construction of theright to equality in the field of sexual orienta-tion in Brazilian law authorizes the judiciary torecognize these unions.

Keywords

• uniões homoafetivas
• direito à igualdade
• intenção do legislador