Análise sobre o voto do ministro Carlos Ayres Britto na ADI n. 4.277- DF

Abstract

The present paper aims to provoke an argumentative discussion about the vote of the minister of the rapporteur, Carlos Ayres Britto, for his enunciation in the Federal Supreme Court regarding the recent (2011) issue of homoafetive union in Brazil, emphasizing that the importance of the application of fundamental rights along with the constitutional principles being able to change the general view about homoaffective relations. For this, a study is developed regarding the jurisprudential position on the subject and, mainly, regarding the judgment of ADI no 4.277 and of ADPF no 132 by the Supreme Federal Court. Specifically, the research sought to argue for the following purposes: sex, pathology, family entity and political judicialization. It is a controversial theme that crosses the structural conjuncture of our society, but we see that the achievements have been reached in a gradual way.In general terms, the conclusion indicates the need to preserve the human dignity of those people who feel the need to establish a homoaffective relationship, to build a normative system based on citizenship and respect, based on principles enshrined in the current Constitution.