Same-sex unions: legal recognition of common law unions between same-sex partners

Authors

Keywords:

same-sex civil unions, legal recognition, constitutional principles, civil unions

Abstract

The present paper deals with the State’s obligation to provide legal recognition to affectionate relationships between same-sex partners. For that purpose, it will analyze the constitutional principles applicable to this hypothesis ”“ equality, liberty, human dignity and legal certainty ”“, as well as the current parameter applied in the realm of family law for the recognition of family entities, which is precisely the one of affection. In its final part, the article will present two possible legal solutions that lead to the same result: the extension of the application of the legal regime of civil unions to same-sex unions.

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Author Biography

Luís Roberto Barroso, Universidade Estadual do Rio de Janeiro (UERJ)

Full Professor of Law at the State University of Rio de Janeiro and Justice of the Brazilian Federal Supreme Court.  (http://lattes.cnpq.br/2430424576721113)

Capa da Revista Direito.UnB Volume 1, Número 1

Published

2014-01-01

How to Cite

BARROSO, Luís Roberto. Same-sex unions: legal recognition of common law unions between same-sex partners. Direito.UnB - Law Journal of the University of Brasília, [S. l.], v. 1, n. 1, p. 221–244, 2014. Disponível em: https://periodicos.unb.br/index.php/revistadedireitounb/article/view/24683. Acesso em: 21 nov. 2024.

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Section

Case notes & commentaries

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