The interpretation of judgment resulting of ADPF132 and ADI 4277 according to Castanheira Neves’s theory: the judgment and it’s juridical consequences

Abstract

The paper deals with judgment of ADPF 132 / ADI 4277 in which the Brazilian Supreme Court carried out an interpretation according to Constitution to equate unions between same-sex partnerships to the other stable unions. There was considerable debate not merely in court, with participation of several "amici curiae", but also in media and in various discussion boards. The grounds of the Brazilian Supreme Court were the principles of equality and non-discrimination, in addition to historical case law in favour of assimilation of various lower courts. This principled theory of law (and the Constitution in particular) meets with response among Castanheira Neves’s theory. The scholar brings in his theory a particular way of interpreting the legal decision, taking a broad perspective of what comes to the legal system and how that interpretation should occur not only restricted the right to legislative text, in his theory are the principles that provide the right sense, he thought own methodology for the use of hermeneutics for the interpretation of legal decisions. In the article it made a brief report on the case cited, then, are pointed some fundamentals of Castanheira Neves’s theory, to interpret the decision and concluded that the Brazilian Supreme Court, shifting away from an exegesis of literal texts, drew upon normative principles, read from the general legal consciousness, which was made possible analogy with stable heterosexual unions already provided in civil law.

Keywords

• união homoafetiva. stf. adpf 132. castanheira neves. analogia.