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Other justices, such as for example Minister Carmen Lucia, acknowledge this argument

Other justices, such as for example Minister Carmen Lucia, acknowledge this argument

Become impossible taking into consideration the documents of this debates that are congressional result in the use associated with norm, when the goal to restrict domestic partnerships to heterosexual relationships is extremely clear (Supremo Tribunal Federal, note 24, pp. 92-3).

The reason why she considers the literal interpretation with this norm to be inadmissible is the fact that the Constitution must certanly be grasped being a harmonious entire. Minister Carmen Lucia claims: “Once the proper to freedom is granted … it is important to ensure the chance of really exercising it. It could make no feeling if exactly the same Constitution that establishes the right to freedom and prohibits discrimination … would contradictorily avoid its workout by publishing people who like to work out their straight to make free individual alternatives to social prejudice and discrimination” (Supremo Tribunal Federal, note 24, pp. 91-4).

Justices adopting the next type of reasoning (b), regarding the other hand, acknowledge that the Constitution doesn’t control same-sex domestic partnerships to check out this as being a gap within the constitutional text.

As it is against fundamental constitutional concepts and fundamental liberties to completely reject homosexual individuals the best to form a family group, that gap must certanly be filled by analogy. And because heterosexual domestic partnerships would be the closest kind of family to homosexual domestic partnerships, the guidelines about heterosexual domestic partnerships should be placed on homosexual partnerships, by analogy.

At first it may perhaps perhaps perhaps not seem like a lot of a big change, but this argument will leave space for difference between heterosexual and homosexual partnerships that are domestic since they will be maybe maybe not regarded as being exactly the same, only similar. The thinking assumes that we now have (or could be) appropriate distinctions, which means only a few guidelines that connect with heterosexual domestic partnerships necessarily connect with homosexual partnerships that are domestic.