Other justices, such as for example Minister Carmen Lucia, acknowledge this argument

Other justices, such as for example Minister Carmen Lucia, acknowledge this argument

Become impossible thinking about the documents for the debates that are congressional induce the use associated with norm, where the objective to restrict domestic partnerships to heterosexual relationships is extremely clear (Supremo Tribunal Federal, note 24, pp. 92-3).

The reason why she considers the literal interpretation for this norm to be inadmissible is the fact that Constitution must certanly be recognized as being a harmonious whole. Minister Carmen Lucia claims: “Once the proper to freedom is granted … it is important to make sure the likelihood of really working out it. It might make no feeling if exactly the same Constitution that establishes the right to freedom and forbids discrimination … would contradictorily avoid its workout by publishing people who desire to work out their directly to make free individual alternatives to social prejudice and discrimination” (Supremo Tribunal Federal, note 24, pp. 91-4).

Justices adopting the next type of reasoning (b), in the other hand, acknowledge that the Constitution will not control same-sex domestic partnerships to check out this as being a space when you look at the text that is constitutional.

Because it could be against fundamental constitutional axioms and fundamental legal rights to completely reject homosexual individuals the ability to form a family group, that gap must certanly be filled by analogy. And because heterosexual domestic partnerships would be the form that is closest of family members to homosexual domestic partnerships, the guidelines about heterosexual domestic partnerships must certanly be placed on homosexual partnerships, by analogy.

At first glance it might maybe maybe not appear to be most of an improvement, but this argument departs space for distinction between heterosexual and homosexual partnerships that are domestic since they will be maybe not regarded as the exact same, just comparable. 阅读更多

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