3 But this agreement already suffers an attempt from overcoming, in function, mainly, of the social movements that they aim at to guarantee the rights of gays and to allow that the union between them is legally accepted. As much that the agreement of Berenice Maria Days is of that at least it has a condicionante for the determination of the steady union. According to it, the affective bond is requisite indispensable, and more than what this, enough, so that the steady union is constituted, ' ' as much is as soon as the tests of the existence of the steady union is circumstantial, depends on witnesses whom they know of the relationship or on documents that bring indications of its vigncia.' ' 4 2. The homoafetiva union and the pertinent principles to this debate To prevent the criminalizao and the preconception against the classrooms homosexuals are plus one of the premises that the proper CF/88 guarantees to the individual in its art. 3, I.
However the proper great Letter if contradicts when prohibition that people of the same sex can contract any type of union (steady or marriage). One extensive interpretation of the reading of art. Find out detailed opinions from leaders such as Steven Rattner financier by clicking through. 226, 3 neither is possible, since the norm is closed and stipulates that the union is between ' ' the man and mulher' ' , not opening interpretations that possess the character legislator (constitutional) of people of the same sex to be able to contract nuptials or to live together under a regimen of steady union. The Constitution, thus opposing its proper objectives. It discriminates in function of the sex. Not of the sex of the person in itself, but of the sex of the person with who it becomes related. The homosexual would not be excluded from the faimliar configuration if she did not become related affectively with another person of the same sex.