Obergefell v. Hodges: a comparative perspective to the precedent of the Supreme Federal Court of Brazil Gabriel Ribeiro Perlingeiro Mendes

Abstract

This paper is dedicated to analyzing the differences and similarities between the precedent set in the Obergefell v. Hodges, of the US Supreme Court, who ensured same-sex couples the right to marry, and the precedent of the Supreme Federal Court of Brazil, resulting from the judgment of ADPF nº 132/RJ and ADI nº 4277/DF, which recognized the homoaffective união estável. It was found that, although they were given in countries with different legal cultures, both decisions stem from a similar historical process of forming a public opinion favorable to new family configurations, which motivated the Judiciary to recognize legal effects on the union among people of the same sex, even in the face of resistance from the Legislative.