Homoafective family

equality and non-discrimination in the light of jurisprudence of the Inter-American Court of Human Rights

Abstract

The Inter-American Court of Human Rights (Inter-American Court), a body of contentious and consultative jurisdiction of the Inter-American Conventional System for the Protection of Human Rights, has the special ability to influence Brazilian domestic law, since among its competences is to establish (interpret) ) the meaning and scope of the provisions of the American Convention on Human Rights (ACHR); pact that Brazil is a signatory. In view of this and the notorious scenario of legislative omission regarding the rights of LGBTI people, the following problem question was raised: how does the Court's jurisprudence recognize the homo-affective family bond? The main justification that guides the study is the understanding that the ignorance of the achievements obtained at the national or international level prevents the full exercise of individual freedoms and the (legal) parity that every human person deserves. The pure theoretical research with a bibliographic and empirical jurisprudential approach was adopted by methodology for this purpose, as well as documentary analysis, using the inductive method and qualitative analysis. Along this path, it was observed that the principle of equality and non-discrimination arises from prohibiting any discrimination on grounds of sexual orientation, so that the family consisting of same-sex couples is protected by the Convention under the right to private and family life and protection of family, and the State must guarantee, by legislative, administrative or other measures, access to internationally and internally recognized rights.