A MATTER OF RIGHTS: HOMOSEXUALITY AND LAW / UMA QUESTÃO DE DIREITO: A HOMOSSEXUALIDADE E O UNIVERSO JURÍDICO

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

The rising of new actors in the political and social scene in defense of the rights of a so-called minority and their fight for acknowledgment make the equality debate follows new directions, in a more wide- ranging dimension. From this premise, divided in two major parts, the thesis intends to survey how homosexuality is perceived in Law, stressing its various unfoldments on the issue of rights protection and citizenship itself. In the first part, considering different views of homosexuality throughout History, gay issues are presented and stressed as an element of inquisitiveness and unstableness of social order. The second part deals with homosexuality and Law itself. From a general view based on right`s protection, the research goes to the dynamics of the legislative and jurisdictional branches, considering , two specific gay issues - civil partnerships and equal right`s protection. Civil partnership is examined thorough a comparative legal study between some European countries and Brazil. The equality clause is examined in two different judicial cases: Romer v. Evans, decided by the United States Supreme Court; and a suit (Ação Civil Pública n. 2000.71.00.009347) decided by a Brazilian lower court (3 Vara Previdenci¿ria da Seção Judiciária de Porto Alegre).

ASSUNTO(S)

civil rights law homossexualidade direito homosexuality direitos humanos

ACESSO AO ARTIGO

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