Abstract

NINA, Alan Michel Santiago  and  SOUZA, Carlos Augusto Silva. From Kant to Mouffe: developing positive arguments about the recognition of " families homoafetivas by the brazilian judiciary. Rev. NUFEN [online]. 2012, vol.4, n.1, pp. 59-72. ISSN 2175-2591.

The purpose of this paper is to develop a positive argument about the recognition as family, couples including same sex (called relationships homoafetivas), starting from STF. The recognition of rights and the construction of politically defined subject can reveal the danger of regulating sexuality and, in this sense, spraying part of the experiences and social arrangements, when it reaffirms a seated homosexuality heteronormative standards: family, monogamous, affectionate. In this sense, the conservative side of the arguments, which do not extend to gay couples the right to form families, adds to a critique whose mainstay is the perception that legal rules may limit the possibility of libertarian sexuality. The hypothesis of this paper is to show that these two views can be overcome both the perspective of Kantian philosophy as the Discourse Theory developed in the late twentieth century by Ernesto Laclau and Chantal Mouffe.

Keywords : family law; homoafetividade; Kant; Laclau; Mouffe; homoafetividade.

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