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

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

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

The purpose of the paper is certainly not to criticize the arguments utilized by the Supreme Court through the viewpoint of appropriate concept or doctrine that is constitutional 10 but to determine what lengths the court has-or has not-argumentatively committed it self to upholding same-sex marriage when confronted with (potential) restrictive legislation when it ruled on same-sex domestic partnerships.

Obviously, the possibility of a regressive change considering same-sex wedding just isn’t determined solely by the dedication associated with Supreme Court to its previous rulings. It will be that coherence is not also the most factors that are relevant. 11

Nevertheless, appropriate thinking and coherence with previous choices have actually gained relevance because of the context that is political. The Supreme Court was during the really center associated with the ongoing governmental crisis in Brazil 12 and under plenty of stress regarding its reference to the Legislative and Executive branches, with accusations of erratic behavior, of surpassing its mandate, of maybe not being unbiased, and of yielding to governmental stress ( 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

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