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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 taking into consideration the documents for the debates that are congressional result in the adoption for the norm, when the objective to limit domestic partnerships to heterosexual relationships is quite clear (Supremo Tribunal Federal, note 24, pp. 92-3). The main reason she considers the literal interpretation of the norm to be inadmissible is the fact that Constitution should be comprehended as a whole that is harmonious. Minister Carmen Lucia claims: “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 people who desire to exercise their directly to make free individual alternatives to social prejudice and discrimination” (Supremo Tribunal Federal, note 24, pp. 91-4). Justices adopting the 2nd type of reasoning (b), on the other side hand, acknowledge that the Constitution doesn’t control same-sex domestic partnerships to see this as a space within the text that is constitutional. The right to form a family, that gap must be filled by analogy since it would be against basic constitutional principles and fundamental rights to completely deny homosexual individuals. And since heterosexual domestic partnerships will be the closest type...

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