| Popis: |
Many studies have scrutinized the efficacy of legislative vs. judicial strategies by LGBT individuals and movements as a means to bring about policy change. However, much of what we know about this topic comes from research focused solely within the context of the United States, and very little has looked at this matter within the structural frameworks we see in other countries. This paper examines what we can learn from the struggle for state recognition of same-sex partnerships (e.g. civil unions, marriage, etc.) in the case of Brazil. Interestingly, while GLT movement organizations in Brazil have mostly focused their time and resources on securing this recognition through legislative means, the most progress until now has come from individual petitions in the judiciary. This paper will attempt to explain why this is, focusing on the priority of this issue to the GLT movement organizations, the structure and powers of the executive and legislative branches of government, and the natures of the Brazilian code law legal system. |
