Recognition of same-sex unions in Brazil
| Recognition of same-sex unions in Brazil | |
|---|---|
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| Recognition of relationships |
Cohabitation of de-facto partners (Federal) Civil unions performed and recognized nationwide (Federal) Same-sex marriage (Alagoas) |
| Adoption | Legal since 2010 (see article) |
| Military spousal recognition | Ambiguous, spousal pensions are received since 2011 |
| Recognition of unions performed elsewhere | Legal |
| Non-citizen relationships with citizens (for immigration purposes) | Legal since 2003 (see article) |
Recognition of same-sex unions in Brazil has occurred since 2004. Same-sex unions now enjoy the provisions of several constitutional principles and the absence of prohibitive legislation in Brazil. The Brazilian cohabitation (unregistered unions) is granting rights similar to marriage, such as adoption, as well as all the welfare benefits such as pension, inheritance tax, income tax, social security, health benefits, immigration, joint property ownership, hospital and prison visitation, IVF and surrogacy, etc.[1] Brazil's Supreme Court ruled in 2011 that same-sex couples are legally entitled to those unions[2], laying a legal foundation for future legislation on same-sex matrimonial rights.
Contents |
[edit] Same-sex marriage
In Brazil, a same-sex couple may convert their civil union into marriage with the approval of a state judge, if approved that marriage is recognized in all the national territory.[3] This has occurred on a case-by-case basis.
On June 27, 2011, a Brazilian state judge approved what the court said is the nation's first same-sex marriage. São Paulo state Judge Fernando Henrique Pinto ruled two men could convert their civil union into a full marriage. Brazil's Supreme Court cleared the way in May for the recognition of same-sex civil unions, but stopped short of approving gay marriages.
On January 6, 2012 a judge in the Brazilian state of Alagoas ruled that same-sex marriages will be performed in the state instead of the civil unions, making this the first state in Brazil to grant the married status to gay couples in a broad manner. Marriages performed in this state will then be recognized throughout the whole country. Former Rio Grande do Sul state judge Maria Berenice Dias, who currently directs the National Commission on Sexual Diversity of the Order of Attorneys of Brazil, sent the text with the decision of the Court of Alagoas to the other states in an attempt to extend the measure across the country.[4]
[edit] Timeline
- June 27, 2011: The Justice of the city of Jacareí convert a gay civil union into a full marriage.[5]
- June 28, 2011: The Justice of the city of Brasília convert a lesbian civil union into a full marriage.[6]
- July 7, 2011: The Justice of the city of São Bernardo do Campo convert a lesbian civil union into a full marriage.[7]
- July 20, 2011: The Justice of the city of Itajaí convert a lesbian civil union into a full marriage.[8]
- July 25, 2011: The Justice of the city of Bragança Paulista convert a gay civil union into a full marriage.[9]
- July 29, 2011: The Justice of the city of Cajamar convert a gay civil union into a full marriage.[10]
- August 3, 2011: The Justice of the city of Recife convert a gay civil union into a full marriage.[11]
- August 4, 2011: The Justice of the city of Araçatuba convert a gay civil union into a full marriage.[12]
- August 11, 2011: The Justice of the city of Jardinópolis convert a lesbian civil union into a full marriage.[13]
- August 17, 2011: The Justice of the city of Porto Feliz convert a gay civil union into a full marriage.[14]
- August 24, 2011: The Justice of the city of Rio de Janeiro convert a gay civil union into a full marriage.[15]
- August 27, 2011: The Justice of the city of Hortolândia convert a lesbian civil union into a full marriage.[16]
- August 29, 2011: The Justice of the city of Franco da Rocha convert a gay civil union into a full marriage.[17]
- August 29, 2011: The Justice of the city of Franco da Rocha convert a lesbian civil union into a full marriage, the second in the same city.[18]
- September 2, 2011: The Justice of the city of Limeira convert a lesbian civil union into a full marriage.[19]
- September 13, 2011: The Justice of the city of Soledade convert a lesbian civil union into a full marriage.[20]
- September 16, 2011: the Justice of the city of Dianópolis convert a gay civil union into a full marriage.[21]
- September 17, 2011: The Justice of the city of Jardinópolis convert a lesbian civil union into a full marriage.[22]
- October 25, 2011: The Superior Court of Justice declared that the legal union of two women who petitioned the court could be recognized as a marriage.[23]
- November 23, 2011: the Justice of the city of Franca convert a gay civil union into a full marriage.[24]
- December 2, 2011: the Justice of the city of Maceió convert a lesbian civil union into a full marriage.[25]
- December 9, 2011: the public notary of the city of Porto Alegre recognized a same-sex marriage without a judicial conversion, was the first case of this type in the country.[26]
- December 18, 2011: the Justice of the city of Salvador convert a lesbian civil union into a full marriage.[27]
- December 21, 2011: the Justice of the city of Manaus convert a lesbian civil union into a full marriage.[28]
- December 23, 2011: the Justice of the city of São Paulo convert a lesbian civil union into a full marriage.[29]
- January 6, 2012: the Court of Justice of the Brazilian state of Alagoas forced the public notaries to accept the same-sex marriage without the need to enter on justice, to grant such broad rights to same-sex couples in Brazil.[30]
- January 17, 2012: the first same-sex marriage by a gay couple in the city of Maceió without a judicial conversion.[31]
- January 28, 2012: the Justice of the city of Cacoal convert a gay civil union into a full marriage, being the first case in the state of Rondônia.[32]
- February 3, 2012: the Justice of the city of Passos convert a lesbian civil union into a full marriage, being the first case in the state of Minas Gerais.[33]
[edit] History
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Same-sex relationships legal
Same-sex marriage
Other type of partnership (or unregistered cohabitation)
Same-sex marriage recognized, but not performed
Homosexuality legal but same-sex unions not recognized
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Same-sex relationships illegal
Minimal penalty
Large penalty
Life in prison
Death penalty
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In 2004, the first case of recognition of same-sex unions in Brazil occurred with a binational English and a Brazilian. This legal precedent encouraged other couples to marry around the country. By the time of the ceremony, in the form of common-law marriage, a status that until then was only allowed to opposite-sex couples. The couple have lived together for fourteen years, in the Brazilian city of Curitiba.[34]
In 2010, the Foreign Ministry officialized the right of diplomatic LGBT partners of servers working in Brazil's representations abroad. The decision, which equals homosexual and heterosexual partners was announced in an internal announcement to embassies and consulates in over 200 countries. According to the Foreign Ministry, the measure must ensure that employees register their LGBT partners to secure their right to stay outside the country. Now, with the grant of diplomatic passports, in practice, means that it would be easier for the partner to obtain a residence permit. This decision complements other resolutions, that has enabled the officials in the Foreign Ministry's services to include same-sex partners as dependents on health plans.[35]
Also in 2010, the state-owned Infraero (Brazilian Company of Airport Infrastructure) came to recognize the stable union between same-sex couples for purposes of granting benefits. The change came with the signing of the new Collective Work Agreement. To receive the benefit, one must have registered the union through the public notary.[36]
On May 5, 2011, Brazil's Supreme Federal Court ruled that civil unions must be allowed throughout the country. The decision was approved by 10-0; one justice abstained from voting because he had previously spoken publicly in favor of same-sex unions when he was attorney general. The ruling will give LGBT couples in stable partnerships the same financial and social rights enjoyed by those in heterosexual relationships. Civil union of a same-sex couple guarantees the same 112 rights as marriage of opposite-sex couples.[37]
Brazil's high court ruling came in response to two lawsuits, one filed by the Rio de Janeiro state government in 2008 and another in 2009 by the Public Ministry, a group of prosecutors that is part of the federal government but independent from its executive, legislative and judicial branches. To qualify as a stable union, same-sex couples can officially register as a civil union or prove it the same way some heterosexual couples do, by having a bank account together or living at the same address.[38]
On June 17, 2011, a judge from Goiânia, Jeronymo Pedro Villas Boas, annulled the first civil union that happened in the country, between Liorcino Mendes and Odilio Torres, and also ordered all notaries in Goiânia to not issue civil unions anymore.[39][40][41][42] Villas Boas, who is also a church pastor of the Assembleia de Deus, claimed that same-sex unions are unconstitutional.[43] On June 21, another judge, Beatriz Figueiredo Franco, cancelled Villas Boas decision, making the union valid again.[44] Concerned, Liorcino Mendes and Odilio Torres signed again another civil union in Rio de Janeiro.[45]
On June 27, 2011, a Brazilian judge in the State of São Paulo had converted a civil union into a same-sex marriage. It is not clear whether the ruling presents a precedent for additional same-sex marriages. The Supreme Federal Court had ruled in May that same-sex marriages are not required by the constitution of Brazil.[46]
On June 28, another stable union between same-sex couples has been converted into a marriage. This time it was Judge Jennifer Antunes de Souza, the 4th of Brasília Family Court which upheld the order.
[edit] Immigration rights
In November 2011, Brazil’s government for the first time granted a foreign citizen the right to live permanently in the country based on a same-sex relationship with a Brazilian citizen, according to a notice published Monday in the country’s Federal Register.[47]
[edit] Pension
Pensions for members of same-sex couples in Brazil is legal according to the Superior Court of Justice of Brazil, decision as stated in a court decision, which came to effect on February 9, 2010.[48]
[edit] Health benefits
Health benefits for same-sex couples in Brazil is legal and mandatory for all health plans in operation in the country, according to the National Agency of Health, as stated in an official decision, on May 4, 2010.[49]
[edit] Income tax
Income tax benefitis for same-sex couples in Brazil is legal, according to the Federal Revenue, as stated in an official decision, which was established on July 30, 2010.[50]
[edit] Joint property ownership
Private as well as public Brazilian banks already permit the inclusion of income of same-sex couples in the operations of real estate financing. In some institutions, when a house is being bought jointly, the partners must certify of the union through a written statement. At the Bank of Brazil (BB), the letter should be handwritten. Typically, banks assess the payment capacity of the two people separately. But in case of default, the two are notified.
[edit] See also
- LGBT rights in the Americas
- LGBT rights in Brazil
- ADI 4277 and ADPF 132
- Common law marriage
- Registered partnership
- Status of same-sex marriage
- Timeline of same-sex marriage
- Timeline of LGBT history
[edit] References
- ^ União civil entre pessoas do mesmo sexo (LGBT civil unions in Brazil) (Portuguese)
- ^ Brazil's Top Court Approves Civil Unions (English)
- ^ "Brazilian judge gives male couple approval for what court says is country's first gay marriage" (in English). The Washington Post. 27 June 2011. Archived from the original on 2 July 2011. http://www.webcitation.org/5zsXujTvb. Retrieved 2 July 2011.
- ^ http://acapa.virgula.uol.com.br/politica/alagoas-regulamenta-o-casamento-civil-entre-gays-em-todos-os-cartorios-do-estado/2/14/15493
- ^ Gay marriage in Jacareí (Portuguese)
- ^ Lesbian marriage in Brasília (Portuguese)
- ^ Lesbian marriage in São Bernardo do Campo (Portuguese)
- ^ Lesbian marriage in Itajaí (Portuguese)
- ^ Gay marriage in Bragança Paulista (Portuguese)
- ^ Gay marriage in Cajamar (Portuguese)
- ^ Gay marriage in Recife (Portuguese)
- ^ Gay marriage in Araçatuba (Portuguese)
- ^ Lesbian marriage in Jardinópolis (Portuguese)
- ^ Gay marriage in Porto Feliz (Portuguese)
- ^ Gay marriage in Rio de Janeiro (Portuguese)
- ^ Lesbian marriage in Hortolândia (Portuguese)
- ^ Gay marriage in Franco da Rocha (Portuguese)
- ^ Lesbian marriage in Franco da Rocha (Portuguese)
- ^ Lesbian marriage in Limeira (Portuguese)
- ^ Lesbian marriage in Soledade (Portuguese)
- ^ Gay marriage in Dianópolis (Portuguese)
- ^ Lesbian marriage in Jardinópolis (Portuguese)
- ^ STJ approved same-sex marriage in Brazil (English)
- ^ Gay marriage in Franca (Portuguese)
- ^ Lesbian marriage in Maceió (Portuguese)
- ^ Gay marriage in Porto Alegre (Portuguese)
- ^ Lesbian marriage in Salvador (Portuguese)
- ^ Lesbian marriage in Manaus (Portuguese)
- ^ Lesbian marriage in São Paulo (Portuguese)
- ^ Same-sex marriage in the Brazilian state of Alagoas (Portuguese)
- ^ Gay marriage in Maceió (Portuguese)
- ^ Gay marriage in Cacoal (Portuguese)
- ^ (Portuguese)
- ^ The first registered same-sex union in a Brazilian notary public (Portuguese)
- ^ Foreign Ministry recognizes Same-sex couples (Portuguese)
- ^ Infraero and same-sex unions are legal (Portuguese)
- ^ More 112 rights to same-sex couples (Portuguese)
- ^ Same-sex unions recognized by Brazil's high court (English)
- ^ Goiás judge annuls first gay union after Supreme Court's decision (Portuguese)
- ^ Judge annuls stable union contract between homosexuals (Portuguese)
- ^ Homosexual union will go back to Supreme Court (Portuguese)
- ^ Brazilian judge declares Supreme Tribunal decision favoring civil unions ‘unconsitutional’ (English)
- ^ Judge accused of insubordination that annulled gay union is pastor of Assembleia de Deus (Portuguese)
- ^ Beatriz cancels decision by Jerônymo Villas Boas (Portuguese)
- ^ Goiás judge who annulled union of gay couple denies being homophobic (Portuguese)
- ^ The first gay marriage in Brazil (English)
- ^ Brazil grants a foreigner permanent residency based on same-sex-marriage. // Washington Post, 14.11.2011
- ^ Member of homosexual couple can receives pension (Portuguese)
- ^ Homosexual couples can be declared as dependents for health benefits, decides to the National Agency of Health (Portuguese)
- ^ LGBTs and the Brazilian Income Tax (Portuguese)
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