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Law as a tool of social CHANGE-Activism and judicialization in the conduct of the achievements of homosexuals in Brazil

Grant number: 14/11864-9
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): February 01, 2015
Effective date (End): January 31, 2016
Field of knowledge:Humanities - Sociology - Other specific Sociologies
Principal Investigator:Agnaldo de Sousa Barbosa
Grantee:Júlia Godoi Rodrigues
Home Institution: Centro de Educação e Ciências Humanas (CECH). Universidade Federal de São Carlos (UFSCAR). São Carlos , SP, Brazil

Abstract

The project has the objective to investigate the role played by law as a possible instrument of dialectic of social change through judicialization and judicial activism, emphasizing the homosexual achievements. The specific research objectives are: (1) examine how changes in civil law represent a breakthrough in the legal and social conditions of homosexuals and (2) examine and understand the influence of the processes of judicialization and judicial activism as guiding to these changes. The theoretical and methodological frameworks cover the analysis of the current phase of modernity, which has as main characteristic mutation in short periods of time, as well as scientific literature related to the role of law: a hermeneutic interpretation of codified laws to apply to each case Specifically, the issue of legalization and judicial activism, ie, the increasing importance of the Judiciary and the Constitution as the basis of all laws, all as guides for the possibility of social change through law. Materials and supplies will be judged themselves and equipment of the press who treat the homosexual rights, with reference to the decision rendered by the STF recognizing Stable Union homo-affective first legal text that asserts gay rights.