Abstract
Judicial sentences are based on current laws and past court rulings, also known as jurisprudence. Legal experts often provide arguments to support sentences, especially when the decision concerns controversial issues. When consistently adopted, these arguments are recognized as legal doctrine. Given their essential function in shaping the law, extensive literature has investigated how legal doctrines are created. This article adds to existing studies by examining the social and professional backgrounds of the experts whose opinions supported the Supreme Court's decision to grant legal recognition of same-sex marriage in 2011. Their arguments favoring same-sex marriage could influence the justices' ruling due to their career paths, networks, and political engagement. These experts adeptly utilized capitals that gained significance during the diversification of the Brazilian legal field and seized opportunities arising from institutional changes within the High Federal Court following the Brazilian re-democratization.
Keywords
legal doctrine; legal field; jurists; LGBTQIA+ rights; Brazilian Supremo Tribunal Federal