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The conquer of LGBTI+ marriage right: since Constituent Assembly until CNJ's Resolution.

Abstract

The 1988 Constitution determined that the common-law marriage would be between men and women only. The 2003 Civil Code made the same determination for marriage. Until then, there were no legal rules prohibiting unions between people of the same gender, nor did they recognize them. Based on these absences (suppressed demands) and norms, we will present the effort to conquer the right to LGBT marriage through parliamentary and judicial strategies that matured the public debate and guaranteed victory.

Keywords:
LGBTI+ marriage; Legislative process; Brazil’s Supreme Court

Universidade do Estado do Rio de Janeiro Rua São Francisco Xavier, 524 - 7º Andar, CEP: 20.550-013, (21) 2334-0507 - Rio de Janeiro - RJ - Brazil
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