O reconhecimento jurídico da união homoafetiva á luz do ativismo judicial: analise do julgamento da adpf 132 e adi 4277

Abstract

This article aims to reflect on the judicial activism of the decision of APDF 132 and ADI 4277 that recognized the legal status of stable union the homoaffective relationship. Perceiving the discussion about family models, concept of homoafetivity, separation of powers, judicial activism, doctrinal classifications on activism, constitutional legitimacy, effects of activism, judgment, criticism of judgment, technique of interpretation according to the constitution, a parallel on the activist position of the court. Through a critical analysis, it is then sought to highlight the main justifications and reasons for the activist stance adopted at the trial.