A garantia de direitos de casais homoafetivos face à crise representativa do poder legislativo no Brasil: uma discussão sobre o ativismo judicial

Abstract

This paper aims to evaluate the issue of constitutional guarantees for same-sex couples in the face of the representative crisis in the National Congress. First, it discusses the historical and legal aspects of these relationships, analyzes the institute of families (history and characteristics) and its normative aspects applied to

LGBT marriage. Finally, it discusses the representative crisis as the cause of the so- called “judicial activism”, analyzing it critically based on interpretations of judicial

decisions. The study that follows was built based on books, articles by jurists and decisions of the Federal and Superior Courts.