LEGAL ARGUMENT USED BY BRAZILIAN COURTS TO DEAL WITH HOMOAFFECTIVE UNIONS

This article proposes an analysis of the arguments developed by the Brazilian courts, especially the Constitutional Court, while dealing with issues relating to homoaffective unions. Initially, we carried out an analysis of judicial decisions made in conflicts involving the issue at the state level, noting the positions adopted by the courts and the arguments used by them to justify their positions. The collected data were organized and presented in a descriptive manner, placing the position of interpretive trends that have developed around the controversy. Then it is evaluated the decision of the Supreme Court in the trial of ADI 4.277, in order to determine how the arguments raised in the national debate were, or not, faced by the Supreme Court and the degree of robustness of the reasons given for the judgment.

Homoaffective Unions; Legal Argumentation; Brazilian Judiciary; ADI 4.277