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

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

Become impossible taking into consideration the documents regarding the congressional debates that result in the use for the norm, where the objective to restrict domestic partnerships to heterosexual relationships is quite clear (Supremo Tribunal Federal, note 24, pp. 92-3).

The main reason she considers the literal interpretation with this norm to be inadmissible is the fact that the Constitution must certanly be recognized as a whole that is harmonious. Minister Carmen Lucia says: “Once the proper to freedom is granted … it is crucial to make sure the chance of really working out it. It might make no feeling if the exact same Constitution that establishes the right to freedom and forbids discrimination … would contradictorily avoid its workout by publishing individuals who desire to work out their directly to make free personal alternatives to prejudice that is social discrimination” (Supremo Tribunal Federal, note 24, pp. 91-4).

Justices adopting the 2nd type of reasoning (b), in the other hand, acknowledge that the Constitution will not control same-sex domestic partnerships to check out this as being a space within the text that is constitutional.

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