This paper is aimed at evaluating the probability of a statutory ban on same-sex wedding

This paper is aimed at evaluating the probability of a statutory ban on same-sex wedding

Being considered constitutional by the Brazilian Supreme Court taking into consideration the thinking the Supreme Court utilized in its 2011 partnership ruling that is domestic.

The aim of the paper isn’t to criticize the arguments used by the Supreme Court through the viewpoint of appropriate concept or constitutional doctrine, 10 but to determine what lengths the court has-or has not-argumentatively committed it self to upholding same-sex wedding in the facial skin of (potential) restrictive legislation when it ruled on same-sex domestic partnerships.

Demonstrably, the possibility of a turn that is regressive same-sex wedding is certainly not determined solely because of the dedication associated with Supreme Court to its previous rulings. This could be that coherence is not also perhaps one of the most factors that are relevant. 11

Nevertheless, appropriate thinking and coherence with previous decisions have actually gained relevance because of the governmental context. The Supreme Court happens to be in the really center regarding the ongoing governmental crisis in Brazil 12 and under lots of stress regarding its regards to the Legislative and Executive branches, with accusations of erratic behavior, of surpassing its mandate, of maybe perhaps not being unbiased, as well as yielding to governmental force ( Dimoulis; Lunardi 2014, note 9, p. 4; Mendes 2018, note 10; Silva 2014, note 9; Nagamine; Barbosa 2017, note 5, p. 234; Vieira 2018, note 11, pp. 179, 210; Streck et al. 2009, p. 83). 13

(more…)