União homoafetiva e dignidade humana no serviço público federal: leading case no Tribunal Regional do Trabalho da 19ª Região

The article analyzes the legal treatment of homosexual public servants in Brazil, the cut between the beginning of the new millennium and the emblematic decision of November 2011, in the Federal Supreme Court, arising from a process that discussed the civil union between homosexual persons and his relationship with the State of Rio de Janeiro as an employer. The research was done within the scope of the Federal Judiciary as an employer / public administrator and, as a case study, the documentary analysis of process 000900-76.5.19.2008.0000, which was processed before the Regional Labor Court of the 19th Region, in which it was discussed, for the first time, about the homoafetive union of federal judicial servant and the equation to the hetero-affective union for the purpose of enjoyment of the benefits related to health and social security plan. The research sought to reveal how the concepts of human dignity, equality and non-discrimination, and the maxim of the effectiveness of fundamental rights were seen by the Public Administration in dealing with their homosexually administered servants.