ARAÚJO, J. M.; http://lattes.cnpq.br/7244831858426121; ARAÚJO, Jailton Macena de.
Resumo:
The evolutionary trend of ethical values and cultural in Brazilian society today
have enabled an environment favorable for the reaffirmation of rights existential
minimum, to the detriment of traditional concepts of family and religion. It is thus
that the homosexual persons, injured or dissatisfied with the disregard of the
rule (and individuals) rights to lure their sexual orientation, have fetched in the
Judiciary one arena to eliminate or to remove the prejudices that succumb. It is
in this perspective, that the chances of affirmative protection by the Judiciary
Brazil have recognized, so majority, the legal relations between people of same
sex and, through direct, effective for the free sexual orientation of the human, all
under the premise of the constitutional fundamental right to human dignity. Also,
examines itself from some the court, under the indentation of hermeneutics
constitutional and, in particular, the management of constitutional principles, the
way the Member judge has been positioning with regard to issues of
implementation and recognition of dignity of the human person in front of the
Albanian involving homosexual persons and, in particular, the human right to
sexual orientation.