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This paper is aimed at evaluating the probability of a statutory ban on same-sex wedding

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This paper is aimed at evaluating the probability of a statutory ban on same-sex wedding

Being considered constitutional by the Brazilian Supreme Court thinking about the thinking the Supreme Court utilized in its 2011 partnership ruling that is domestic.

The aim of the paper is certainly not to criticize the arguments employed by the Supreme Court through the viewpoint of appropriate concept or doctrine that is constitutional 10 but to ascertain how long the court has-or has not-argumentatively committed it self to upholding same-sex wedding when confronted with (potential) restrictive legislation when it ruled on same-sex domestic partnerships.

Obviously, the possibility of a regressive change considering same-sex wedding is certainly not determined exclusively because of the commitment associated with Supreme Court to its previous rulings. It will be that coherence is not also perhaps one of the most factors that are relevant. 11

Still, appropriate thinking and coherence with previous choices have actually gained relevance as a result of governmental context. The Supreme Court was during the extremely center associated with ongoing crisis that is political Brazil 12 and under plenty of stress regarding its regards to the Legislative and Executive branches, with accusations of erratic behavior, of surpassing its mandate, of perhaps maybe not being unbiased, as well as yielding to governmental stress ( Dimoulis; Lunardi 2014, note 9, p. 4; Mendes 2018, note 10; Silva 2014, note 9; Nagamine; Barbosa 2017, note 5, p. 234; Vieira 2018, note 11, pp. 179, 210; Streck et al. 2009, p. 83). 13

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