Hermenêutica jurídica e dignidade humana: o direito à orientação sexual no Brasil.

Abstract

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.