The loss would be meant by it of the right. Not only this, however it would keep the home available when it comes to reintroduction of distinctions in appropriate impacts as time goes on. Above all, wedding appears to carry great meaning that is symbolic. Be that as it might, it continues to be an undeniable fact that numerous homosexual people ponder over it essential and desire to get hitched.

CONSTITUTIONAL REVIEW AT THE VERY TOP OF THE BRAZILIAN JUDICIAL SYSTEM

Brazil is one of the Civil legislation tradition. The Brazilian Supreme Court is the only person aided by the charged capacity to judge the constitutionality of statutes or particular interpretations of statutes within the abstract. 16

Constitutional control within the abstract is completed in the form of a couple of feasible appropriate actions, which are brought straight to the Supreme Court, like the Direct Action of Unconstitutionality, that was found in this instance (art. 102, I of this Brazilian Constitution).

The Constitution establishes that is eligible to bring such direct actions, with its art. 103. Into the situation at hand, it absolutely was brought because of the governor of this state of Rio de Janeiro together with Federal Prosecuting Office (Procuradoria-Geral da Republica). 17

In the shape of a Direct Action of Unconstitutionality the entitled person or institution asks that the Supreme Court declare the unconstitutionality of federal or state law, or of normative functions because of the Administration.

You will find technically no opposing parties in Direct Actions of Unconstitutionality ( Dimoulis; Lunardi 2011, note 14, pp. 224-6). The plaintiff plus the authority that enacted the rule that is challenged heard, the top associated with the Federal Prosecuting Office (Procurador-Geral da Republica) provides appropriate viewpoint while the Attorney General (Advogado-Geral da Uniao) defends the challenged statute or supply (Art. 103, §1-? (more…)