Abstract

In this paper, I verify whether the Brazilian courts’ juridical discourse has any argument in favour of the equal right to marriage of the homosexuals. The jurisprudence is an outstanding place of analysis because we can know the way the courts interpret and apply the norms; it is also a place for the creation of an influent juridical discourse about the homosexual family rights. I identify as well the arguments for and against extending the family status to the homosexual couples, and analyse if in these arguments there is any gender and sexuality stereotype