Abstract

HOGEMANN, Edna Raquel  and  SOUZA, Thiago Serrano Pinheiro de. THE RIGHT TO SAME-SEX RELATIONSHIP: THE MORAL INTERDISM OF THE DESIRE UP UNTIL PROCLAMATION OF AN EFFECTIVE FUNDAMENTAL LAW. Revista Internacional CONSINTER de Direito [online]. 2019, n.9, pp.103-118.  Epub Dec 18, 2019. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00009.05.

It seeks to establish the ethical foundations so that the desire is received, respected and protected by the legal order to the detriment of a prevailing moral, starting from a principled reading of the Federal Constitution of 1988 and the very structuring of being as human. From this assumption, the sexual desire (homo) should be exercised freely by capable individuals, and there is a right to homosexual freedom of love (affection) as a norm of personality (attribute that composes the inner sphere of the human) and fundamental norm freedom from undue interference by the State and other citizens). From the methodological point of view, this is a reflexive study of a dialectic feature supported by doctrinal and jurisprudential sources, with theoretical interdisciplinary support in Foucault and Freud.

Keywords : Affection; Homosexuality; Fundamental Right; Liberty..

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