A importância do papel contramajoritário do Supremo Tribunal Federal no reconhecimento de direitos da comunidade LGBT

Abstract

The purpose of this study has for mark to weave an analysis the counter-majoritarian role of the Federal Supreme Court, in cases involving the recognition of the rights of individuals in the LGBT community. Therefore, initially we demonstrate the historical evolution of the role of the Constitutions - and consequently, the Constitutional Courts. Afterwards, we enter the discussion between Carl Schmitt and Hans Kelsen about who should be the guardian of the Constitution. Focuses in, from this perspective, the legitimacy of the performance of the Constitutional Courts in the invalidation of laws and the recognition of rights. It will then be trace the origin of the counter-majoritarian role in the United States and its spread to other parts of the world as Taiwan, Colombia and South Africa, beside Brazil. Lastly, we developed an analysis of some decisions uttered counter-majoritarily for STF recognizing rights the LGBT community.