文章基本信息

标题：Argumentação jurídica utilizada pelos tribubais brasileiros ao tratar das uniões homoafetivas
本地全文：下载
作者：Claudia Rosane Roesler ; Paulo Alves Santos
期刊名称：Revista DIREITO GV
印刷版ISSN：1808-2432
出版年度：2014
卷号：10
期号：2
页码：615-638
语种：Portuguese
出版社：Escola de Direito de São Paulo da Fundação Getulio Vargas
摘要：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.
其他摘要：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.
关键词：HOMOAFFECTIVE UNIONS;LEGAL ARGUMENTATION;BRAZILIAN JUDICIARY;ADI 4.277;UNIÕES HOMOAFETIVAS;ARGUMENTAÇÃO JURÍDICA;JUDICIÁRIO BRASILEIRO;ADI 4.277;ENTIDADES FAMILIARES
其他关键词：HOMOAFFECTIVE UNIONS; LEGAL ARGUMENTATION; BRAZILIAN JUDICIARY; ADI 4.277