The homosexual union rights are debated as one of the most controversial topics of Constitutional Law. It is known that the homosexual union was not explicitly recognized by the article 226 § 3º from FC, as there is no specific regulation for this subject. This paper intends to investigate STF ministers' position in relation to homosexual union according to Axel Honneth and Nancy Fraser philosophies of recognition. In this sense, the philosophical basis from recognition theories may be a theoretical instrument to comprehend some forms of judicial activism which aims are to protect stigmatized minorities whose regulatory intentions are disregarded by the political process. We intend to demonstrate that the Honneth's paradigm of achievement is imprecise and can't legitimate forms of judicial activism aimed to protect the rights of homosexual unions.
Recognition; identity; gay minorities; Honneth; Fraser