Sexual Rights in Brazil: Social Movement and Legal Literacy

The Brazilian Federal Constitution of 1988 made freedom of sexual orientation a fundamental right. Sexual diversity is thus constitutionally secured in Brazil. Since the 1990s, Brazilian gay and lesbian movements have used this rationale to fight for a specific law to regulate same-sex marriage. Yet this paper argues that the ?gay marriage institution? should be abolished as this stigmatises this group. Creating alternatives to marriage does not confront the issue of discrimination. Instead the marriage institution that already exists should be made accessible to all people, irrespective of their sexual orientation. The Judiciary Power should assure such rights, by making it one Law for all.