Artigo Acesso aberto Produção Nacional

A viabilidade do casamento homoafetivo no direito civil constitucional brasileiro: a busca real do direito à felicidade <br>doi: http://dx.doi.org/10.5892/ruvrv.2013.111.0309

2013; UNIVERSIDADE VALE DO RIO VERDE; Volume: 11; Issue: 1 Linguagem: Inglês

10.5892/795

ISSN

2236-5362

Autores

Edson Camara de Drummond Alves,

Tópico(s)

Dispute Resolution and Class Actions

Resumo

In front of this social fact, dating from antiquity, in the Greek polis, and protected, nowadays, by various aliens laws, all around the world, the current brazilian state cannot remain indifferent of protecting gays unions, which have all the features and requirements common to heterosexual to set up an entity familiar social mother cell, based on love between its members, where many same-sex couples are trying to formalize their situations and obtaining all legal consequences that may arise from this, in the brazilian society, through the institution of marriage, enforcing thus their citizenship and to search real fundamental and universal right, guaranteed to all, of the happiness, and that is blocked in the mistaken understanding of certain public agents who justify their conduct with the state legislative omission and, often, for reasons of religious background and pseudo-moralistic, even before the recent Supreme Court's decision that contradicts this position, the Higher Court reaffirming its position as the keeper of the Higher Law and brazilian society, represented, in this case, by a large parcel.

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