SAME-SEX FAMILIES AND POLITICAL RESISTANCE IN BRAZIL: EXAMINATION OF BILLS 6309/2019, 4965/2019 AND 5541/2019

Abstract

 This article analyzes legislative political resistance to the recognition of same-sex families in Brazil, in the light of Bills 6309/2019, 4965/2019 and 5541/2019. The research, of a dogmatic-critical nature, is based on doctrine, case law and the 1988 Constitution, with a focus on the dignity of the human person and fundamental rights. It shows that these bills, which have a strong conservative and religious bias, attempt to restrict the concept of family to heterosexual unions, violating the principle of pluralism and the precedents of the Supreme Court in the ADI 4277 and ADPF 132 decisions. It is argued that these legislative initiatives are an affront to the constitutional order and to the prohibition of social regression, representing an attempt to deny full citizenship to historically marginalized groups. The work reinforces the counter-majoritarian role of the Judiciary as a guarantor of minority rights and advocates the creation of institutional mechanisms for prior control of constitutionality in the National Congress. It also proposes the compulsory inclusion of content on family diversity and human rights in educational curricula as a means of tackling structural prejudice. The conclusion is that the protection of same-sex families is a constitutional duty and an essential element of social justice and the democratic rule of law.