A CONSTITUCIONALIDADE DO CASAMENTO HOMOAFETIVO NO BRASIL E A VULNERABILIDADE JURÍDICA DA COMUNIDADE LGBTQI+

Abstract

This article analyzes the process of regulating same-sex marriage in Brazil, addressing the historical, social and legal context of this union. From the fight for civil rights to the conquest of the legal recognition of same-sex marriage, the theme has become a central agenda in the debate on equal rights and the fight against discrimination. The article explores the main legislations and jurisprudence that guarantee and regulate same-sex marriage, discussing the challenges faced and the advances achieved. With a comparative analysis, the study highlights the importance of legal protection for the equality and dignity of homoaffective relationships, reflecting on the relevance of this framework for the promotion of equality and the confrontation of historical discrimination. The article also highlights the challenges and resistances still present in the Brazilian social and legal context. The implications of Resolution 175/2013 of the CNJ and the impacts of the decisions of the STF and STJ on the recognition of homoaffective unions are discussed.