SOME REFLECTIONS ABOUT THE INTERFACE OF SEXUAL DIVERSITY AND AFFECTIONATE RELATIONSHIPS WITH LAW

Abstract

This article discusses issues concerning the links among sexual diversity, affectionate relationships, and Law. Human existence cannot do without sexuality, which can be expressed in diverse forms, which play an important role in the development of the personality. Therefore, Law cannot disregard sexual diversity, mainly that of homosexuals and transsexuals. One of Law's purposes is to regulate human life within society, so that there will be a harmonic coexistence between the people and the environment. Although the 1998 Federal Constitution forbids any form of discrimination, it does not refer specifically the discrimination for sexual orientation. By guarantying the free expression of sexuality, such explicit reference would contribute to the exercise of citizenship. It is Law's duty, with the contribution of society, to elaborate laws that both guarantee the free exercise of sexual diversity, and allow and make possible the demonstration of affection in public.