The proper Constitution speaks that the union alone will be recognized will be between man and woman, not opening space for extensive interpretations (art. 226, 3 of the CF/88). Until it can be spoken that judges and appeals court judges take care of to the outcry of the population and, to the default of the constitutional text, finish recognizing the marriage between homosexuals. Many speak that this is the correct one, since the world moved since that the Constitution was placed in them, but, although everything, still consists a text that must be respected by all, mainly the magistrates.
The Federal Constitution brings as basic principle of the Federative Republic of Brazil the construction of a free society, solidary joust and (art. 3., I) and the promotion of the good of all, without preconceptions of origin, race, sex, color, age and any other forms of discrimination (art. 3., IV). As right and basic guarantee, it makes use the CF that all are equal before the law, without distinction of any nature (art. 5., caption). Consecrating democratic principles of right, it forbids any species of discrimination, also how much the sex, being incabvel, therefore, discrimination how much to the homosexual union.
Configured true steady union between the author and the dead, per twenty years, the sentence of origin of the action must be kept, in the mat of the vote looser. Precedents. Embargoes received offenders, for majority. 13 However, what more if they pregaem our Social Democrticoe State of Right is the laity of Brazil. All full the chest to speak that Brazil is a lay and free country, where all have the right to have its belief and its freedom of choice. However, when proper Bigger Law limits certain institute, for not atinentes ethical reasons what he is more democratic something is made a mistake.