Jurisdição constitucional e os novos paradigmas do direito : a tutela dos direitos fundamentais dos homoafetivos a luz do princípio constitucional da igualdade

Abstract

This dissertation studies new theoretical supports and juridical methodology in face of the phenomena of the demolition of the law and the domain of the constitution of the current right, examining the conquest rupture with the syllogism model of the time of the codes and the displacement of the systematize function of the normative order, before exercised by the general parts of the codes, for a body of beginnings dominated by the constitution. With the coming of the constitutional jurisdiction the challenge of rendering beginnings imposed deep changes in the juridical interpretation, waking up a new attitude of the he/she interprets before the normative statement. The construction of the senses of the legal text passed to be taken as concrete activity, assuming the relevant task of guaranteeing the protection of the fundamental rights. In that context he/she pronounces the protection of the fundamental rights of the homoaffectionate, whose protection finds foundation of normative validity in the constitutional wedge and program of beginning of the equality, leaning on in the primacy of the constitution as rule fundamental interpretation in the Brazilian juridical order current, fact that reproduces in way assimilated in the compared right.