Abstract

PINHEIRO FARO, Julio  and  FRAGA PESSANHA, Jackelline. Same-sex civil marriage and its regulation in Brazil. Rev. Bioética y Derecho [online]. 2014, n.32, pp.72-81. ISSN 1886-5887.  https://dx.doi.org/10.4321/S1886-58872014000300007.

This essay analyses the fundamental right to free sexual orientation choice. It defends homoaffectivity as a late recognized fundamental right, demonstrating that in practice the Ancient people tolerated the sexual practice between same-sex persons. It demonstrates that the Brazilian Supreme Court recent understanding in 2011 consists in a strong precedent for recognizing same-sex marriage, confirmed in 2011 by a decision of the Brazilian Superior Court of Justice and in 2013 by the Brazilian National Council of Justice with a Resolution. It points out the possibility of converting consensual same-sex marriage in civil same-sex marriage. As conclusion remarks it is shown that Brazilian Constitution allows both consensual and civil (formal) same-sex marriages.

Keywords : constitutional law; families law; homoaffective law; consensual same-sex marriage; same-sex civil marriage.

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