Homoaffective union: an analysis about the hermeneutic correction of the ADPF 132-RJ and ADI 4277-DF judgment
DOI:
https://doi.org/10.18316/redes.v6i1.4296Keywords:
Constitucionalization, Family Right, Homoaffective Unions, ADI 4277/DF, Constitucionality Control.Abstract
The civil law constitucionalization allows the constitutional principles incidence over the norms that regulate the family rights, which changes its patrimonialist focus, appearing affectivity as the foundation of family entities. This new reality allows the recognition of the same-sex unions, that right was declarated by Federal Supreme Court, at the ADPF 132-RJ and ADI 4277-DF judgment. At the present paper, it is intended to carry out a critical analysis of this decision under the hermeneutic approach, especially, checking how the Federal Constitution article 226, §3º was overcome in said judgment, since this, when recognizing the stable union between man and the woman, has been pointed like the sufficient reason to reject the same-sex stable union legal possibility.
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