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

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

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

The reason why she considers the literal interpretation of the norm to be inadmissible is the fact that Constitution must certanly be comprehended as a whole that is harmonious. Minister Carmen Lucia claims: “Once the proper to freedom is granted … it is important to make sure the alternative of really working out it. It can make no feeling if the exact same Constitution that establishes the right to freedom and forbids discrimination … would contradictorily avoid its workout by publishing people who wish to work out their straight to make free individual choices to prejudice that is social discrimination” (Supremo Tribunal Federal, note 24, pp. 91-4).

Justices adopting the next type of reasoning (b), in the other hand, acknowledge that the Constitution will not control same-sex domestic partnerships to see this as a space into the constitutional text.

As it is against fundamental constitutional concepts and fundamental liberties to completely reject homosexual individuals the ability to form a family group, that gap must certanly be filled by analogy. And since heterosexual domestic partnerships will be the form that is closest of family members to homosexual domestic partnerships, the guidelines about heterosexual domestic partnerships should be placed on homosexual partnerships, by analogy.

At first it could perhaps maybe perhaps not look like a lot of a significant difference, but this argument actually leaves room for difference between heterosexual and homosexual partnerships that are domestic since they will be maybe perhaps not regarded as being exactly the same, just comparable.