JOHN RAWLS' IDEA OF PUBLIC REASON AND THE JURIDICAL RECOGNITION OF THE HOMOSEXUAL CIVIL UNION IN BRAZIL

This article aims to evaluate, according to the criteria of John Rawls' idea of public reason, the legitimacy of the decision taken by the Brazilian Supreme Court on the recognition of the homosexual civil union. In order to do so, I use Rawls' idea of public reason and argue that it should be understood as an ideal to guide action in reality. Initially, as a support for his conception of public reason, I present the rawlsian ideal of person: a rational and reasonable citizen, who is endowed with the moral capacities of having a conception of the good and a sense of justice, who acts in a reciprocally respectful manner, and who is a member of a democratic, constitutional and well-ordered society according to principles of justice. I also demonstrate how the idea of public reason should guide public authorities in the debate on fundamental political issues in order to enable the establishment of a tolerant basic social structure. Finally, when applying the criteria of public reason to the decision of the Supreme Court, I conclude on its legitimacy.