This article aims to bring notes about the recognition of homosexual unions as family entities in the context of the Democratic State of Law. To do so a interpretation of Article 126, § 4º, of the 1988 Constitution is adopted in the sense of open clause including the subject which must be understood in the light of other constitutional principles, such as the principles of Equality, Freedom and Dignity of the human person.
homosexuality; homosexual unions; familiar entity; family law; clause open; Democratic State of Law