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Same-sex marriage in Brazil

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Part of the LGBTQ rights series
Legal status of
same-sex unions
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. Neither performed nor recognized in six British Overseas Territories.
  4. ^ Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.
  5. Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
  9. Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
  13. Romania provides hospital visitation rights through a "legal representative" status.
  1. Not yet in effect.
LGBTQ portal

There is continued debate in the Brazilian legislative and judicial branches about the legal status of same-sex couples. While there has been a bill in Congress since 1995 which aims to estabilish same-sex civil unions, which has never been put to a vote, a 2006 decision by the Supremo Tribunal de Justiça states that same-sex couples are de facto partners, which have less rights than civil unions.


Court rulings

Except for the State of Rio Grande do Sul, which allows same-sex civil unions, no other State law allows nor forbids them. Marriage is a federal matter and States can´t legislate on this. Federal Law and the federal Constitution ignore same-sex couples, not recognizing nor forbidding their recognition, except for the definition of marriage as between a man and a woman. As the debate in the states and the Congress goes on, some rights have been given to same-sex couples as a result of court decisions since 1998.

These rights granted through judicial decisions cover matters such as inheritance, immigration, and state pension and welfare benefits. Brazil allows homosexual couples the right to inherit each other's pension and social security benefits.

Civil unions, de facto partnerships, "stable unions" under commonlaw and actual marriage are the four "categories" for a relationship in Brazil. No same-sex couple is yet considered married in Brazil, but there are varying levels of debate about the other categories.

Homosexual Brazilians who can prove that their relationship is a "stable union" will be treated by the National Social Security Institute no differently than a married couple in cases of retirement or death. However, there is not a consensus about the definition of stable union. The policy also allows people in same-sex relationships to declare their partners as dependents on income tax returns. The National Social Security Institute's policy change is the result of a recent court ruling. Brazil allows foreign partners of its homosexual citizenry to receive residency permits.

On July 12, 2005 a Sao Paulo judge ruled that same-sex couples can adopt children. It is believed the case is the first in Brazil where a gay couple has been allowed to jointly adopt a child.

Joao Gilberto Gonçalves, a federal prosecutor, has filed a Public Civil Action in July 2005 charging the country's prohibition of same-sex marriage as being opposed to the 1988 constitution, which outlaws "prejudice as to origin, race, sex, colour, age and any other forms of discrimination." The 99-page Action document mentions several court rulings and newspaper reports on gay rights. The court ruling decided the matter was not to be decided in court: it should rather be settled by Congress . Had the prosecutor´s arguments been accepted by the judge, the decision would have immediately allowed same-sex marriage in all Brazilian states.

The state of Rio de Janeiro gives same-sex benefits to the partners of government employees.

Bill No. 1151

Main article: Brazilian Congressional Bill No. 1151

A bill on gay civil unions has been introduced in Congress: former congresswoman Marta Suplicy bill project 1151 aims to change federal law in order to establish same-sex civil unions. The bill had been pending in the House since 1995 and was the theme of the 2005 São Paulo Gay Pride Parade. The bill has been debated many times, but has never been brought to a vote. Then-Speaker of the House Severino Cavalcanti was expected to end debate and bring the bill to a vote in late 2005, but corruption charges forced his resignation. Despite the anticipated vote, Calvalcanti strongly opposed the bill.

Civil Unions in Rio Grande do Sul

Main article: Civil unions in Rio Grande do Sul

The Brazilian state of Rio Grande do Sul legalized civil unions after a court decision in March 2004. Same-sex couples in committed relationships can register at any notary public office. Although it does not affect federal rights, it gives same-sex couples more equality in many areas. Same-sex couples who register have the right to jointly own property, establish custody of children, and claim the right to pensions and property when one partner dies.

Notes

  1. Article III of Title I of Brazilian Constitution Template:En icon
  2. http://www.prsp.mpf.gov.br/taubate/acp/acp_casamento.pdf Full text of the Ação Civil Pública asking the recognition of same-sex marriage in Brazil Template:Pt icon

External links

See also

Civil unions in South America
Sovereign states
Dependencies and
other territories
Categories: