A crise da estabilidade das decisões contramajoritárias proferidas pelo STF:

Uma análise da ADI nº 4.277 e da ADPF nº 132

Abstract

Issues related to the judicialization of politics and judicial activism have become increasingly evident in current legal discussions, because the 1988 Federal Constitution placed the judiciary in a centralized position before the other institutions, especially in relation to the realization of fundamental rights. Faced with numerous disagreements about these two phenomena are the doubts of those who have their rights guaranteed through court decisions handed down by the Supreme Court and one of these cases is the recognition of homo-affective stable union. Therefore, this research has as problematic the fact that the decision rendered in the judgment of ADI 4.277 and ADPF nº132, regarding the recognition of this family entity, can be considered as stable or not and, to demonstrate the hypothesis that it remains as stable as if it were recognized the right by the Legislative Power, through its constitutionalization, a bibliographic and qualitative research was conducted with the content analysis of the fundamentals of the judicial decision rendered in concentrated control of constitutionality.